Karnataka High Court
Bruhat Bengaluru Mahanagara ... vs Sri Anantha Subramania on 4 January, 2023
Bench: Alok Aradhe, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY
W.A. NO.539 OF 2022 (LB-BMP)
BETWEEN:
1. BRUHAT BENGALURU MAHANAGARA PALIKE
N R SQUARE, BENGALURU
REP. BY ITS COMMISSIONER.
2. THE ASSISTANT REVENUE OFFICER
KENGERI SUB DIVISION
BRUHAT BENGALURU MAHANAGARA PALIKE
BENGALURU 560060.
... APPELLANTS
(BY MR. AMIT ANAND DESHPANDE, ADV.,)
AND:
1. SRI. ANANTHA SUBRAMANIA
S/O LATE K N NAGAPPA
AGED ABOUT 66 YEARS
R/AT NO. 307, THIRUMALA SUNIDHI DESIRE
BEGUR MAIN ROAD, BEGUR
BENGALURU 560068.
2. SRI. B. SHANTHAPPA
S/O LATE SUBRAYA GOWDA
AGED ABOUT 60 YEARS
2
R/AT NO.15, 2ND FLOOR
2ND MAIN ROAD
ASTALAKSHMI LAYOUT
JP NAGAR 6TH PHASE,
BENGALURU 560078.
3. SRI. NAGESH M
S/O MUNISWAMAPPA
AGED ABOUT 41 YEARS
R/AT NO.476, SRI. LAKSHMI NILAYA
4TH CROSS, PADUKA MANDIRA ROAD
BHARAT HBCS LAYOUT
LAKKEGOWDANAGAR, BSK V STAGE
BENGALURU 560061.
... RESPONDENTS
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 02/02/2022, PASSED IN WP
NO.15317/2021 BY THE LEARNED SINGLE JUDGE OF THIS
HON BLE COURT. PASS SUCH OTHER ORDER, DIRECTION.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE
FOLLOWING:
JUDGMENT
This intra Court appeal has been filed against an
order dated 02.02.2022 passed by the learned Single
Judge by which the writ petition preferred by the
respondents has been allowed and the appellant has
been directed to register khata in favour of the
respondents subject to outcome of the order which
may be passed either by the Division Bench of this
Court or the Supreme Court.
2. Facts giving rise to the filing of this appeal
briefly stated are that respondent No.1 had purchased
site No.740 measuring 40 x 30 feet whereas
respondent No.2 had purchased site No.829
measuring 30 x 40 feet situated at Vajarahalli Village
by registered sale deeds dated 19.11.2001 and
07.03.2011, respectively. Similarly, respondent No.3
is the owner of site bearing No.1217 which he had
purchased vide registered sale deed dated 25.06.2020.
The aforesaid respondents thereafter submitted
applications to the appellant No.2 to register khata in
their favour in respect of sites in question. However,
the aforesaid applications have been rejected by the
respondent No.2 inter alia on the ground that sites in
question are subject matter of proceedings pending
before the Courts.
3. The learned Single Judge, after hearing the
parties, has directed that the khata shall be registered
in favour of the respondents subject to outcome of the
order which may be passed either by the Division
Bench of this Court or the Supreme Court.
4. We have heard the learned counsel for the
appellants at length. Admittedly, the sale deeds have
been executed in favour of the respondents in respect
of sites in question. On the basis of the aforesaid
registered instruments, the learned Single Judge has
directed to register the khata in favour of respondents
subject to outcome of pending litigation. The order
does not suffer from any infirmity warranting
interference of this Court in exercise of intra Court
appeal.
In the result, the appeal fails and is hereby
dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
RV
