The Commissioner vs Sri J Somashekar
2022 Latest Caselaw 5472 Kant

                               1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 25TH DAY OF MARCH 2022

                          PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                            AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

              W.A. No.1064 OF 2021 (LB-RES)
                            IN
              W.P. No.13636 OF 2020 (LB-RES)

BETWEEN:

1.    THE COMMISSIONER
      KARNATAKA HOUSING BOARD
      (KHB) KAVERI BHAVAN
      BENGALURU - 560 009.

2.    THE ASSISTANT EXECUTIVE ENGINEER
      K H B YELAHANKA
      BENGALURU - 560 064/

3.    THE CHIEF ENGINEER
      K H B KAVERI BHAVAN
      K G ROAD, BENGALURU - 560 009.

4.    THE EXECUTIVE ENGINEER
      K H B KAVERI BHAVAN
      K G ROAD
      BENGALURU - 560 009.

                                           ... APPELLANTS
(BY MR. MANU K, ADV.,)
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AND:

1.   SRI. J. SOMASHEKAR
     S/O SRI. JAYARAMAPPA
     AGED ABOUT 39 YEARS
     R/AT NO.18, RAMAGONDANAHALLI
     YELAHANKA HOBLI, BENGALURU - 560 064.

2.   THE STATE OF KARNATAKA
     DEPARTMENT OF HOUSING
     REPRESENTED BY ITS
     PRINCIPAL SECRETARY
     VIDHANA SOUDHA, BENGALURU - 560 001.

3.   THE JOINT COMMISSIONER
     BRUHAT BENGALURU MAHANAGARA PALIKE
     YELAHANKA ZONE, BYATARAYANAPURA
     BENGALURU - 560 064.

4.   THE ASSISTANT COMMISSIONER
     REVENUE OFFICER
     YELAHANKA NEW TOWN
     BBMP YELAHANKA
     BENGALURU-560064.

5.   THE REVENUE OFFICER
     YELAHANKA DIVISION
     B B M P, YELAHANKA
     BENGALURU - 560 064.

6.   SMT. VIJAYALAKSHMI
     W/O LATE RAMESH BABU
     AGED ABOUT 57 YEARS
     R/AT D-16, CUSTOMS AND
     CENTRAL EXCISE STAFF QUARTERS
     BTM 2ND STAGE, BOMMANAHALLI
     BENGALURU - 560 068.

7.   THE CIRCLE INSPECTOR
     YELAHANKA NEW TOWN POLICE
     YELAHANKA, BENGALURU - 560 064.
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                                                      ... RESPONDENTS
(BY MR. G.K. BHAT, SR. COUNSEL FOR C/R1
   SMT. VANI H, AGA FOR R2 & R7
   MR. S.J. PURANIK, ADV., FOR R3 TO R5)
                             ---

         THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA

HIGH COURT ACT, PRAYING TO CALL FOR RECORDS PERTAINING

TO W.P. NO. 13636/2020 ( LB-RES). SET ASIDE THE IMPUGNED

ORDER DATED 29/03/2021 PASSED BY THE LEARNED SINGLE

JUDGE IN W.P. NO.13636/2020 (LB-BMP).                 PASS SUCH OTHER

ORDERS      AS   MAY   BE    DEEMED        FIT   IN   THE   FACTS   AND

CIRCUMSTANCES OF THE CASE.



         THIS W.A. COMING ON FOR ADMISSION, THIS DAY,

ALOK ARADHE J., DELIVERED THE FOLLOWING:


                             JUDGMENT

This intra court appeal has been filed against the order

dated 29.03.2021 passed by the learned Single Judge, by

which writ petition preferred by Respondent No.1 has been

partly allowed and the orders dated 17.11.2020 and

23.11.2020 passed by Joint Commissioner, BBMP directing

removal of name of respondent No.1 from Khatha register

has been set aside.

2. Learned counsel for the appellant submitted that the

Respondent No.1 has already filed O.S.No.30/2020 in which

respondent No.1 has been restrained from alienating the

property in question.

3. The aforesaid submission has not been disputed by

learned counsel for Respondent No.1 and he has no objection

for maintaining the status quo as it exists today in respect of

the khatha pertaining to the property in question till disposal

of the O.S.No.30/2020.

4. In view of the fact that the rights of the parties in

respect of property in question shall be adjudicated by the

competent Civil Court in O.S.No.30/2020, we direct that

status quo as it exists today with regard to entry in khatha in

respect of the land in question shall be maintained by the

parties till disposal of O.S.No.30/2020. To the aforesaid

extent, the judgment passed by learned single Judge is

modified.

In the result, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

SS

WA NO.1064/2021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU [THE COMMISSIONER AND OTHERS VS. SRI J SOMASHEKAR AND OTHERS]

AAJ & SVSJ:

12.04.2022 (VIDEO CONFERENCING / PHYSICAL HEARING) ORDER ON I.A.NO.2/2022

Mr.Manu K., learned counsel for the appellant.

Mr.S.J.Puranik, learned counsel for the respondent Nos.3 to 5.

Heard the learned counsel for the parties on I.A.No.2/2022, an application seeking correction of the factual errors contained in the judgment dated 25.03.2022 passed by this Court in W.A.No.1064/2021.

After hearing the learned counsel for the parties, it is directed that in paragraph 1 of the order, the words "directing removal of name of respondent No.1 from Khata register has been set aside" shall be deleted and the words "request for registration of name of respondent No.1 in the khata register has been rejected" shall be read.

Similarly, in line 3 of paragraph 4 of the aforesaid judgment, instead of words "O.S.No.30/2020", the words "O.S.No.30/2022" shall be read.

Accordingly, the judgment dated 25.03.2022 is modified to the extent mentioned above.

In the result, the application is allowed.

WA 1064/2021

This order shall be read in conjunction with the order dated 25.03.2022.

Sd/-

JUDGE

Sd/-

JUDGE

RV