Karnataka High Court
B Madhusudhan Adiga vs The State Of Karnataka on 9 January, 2024
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NC: 2024:KHC:1108
RP No. 297 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REVIEW PETITION NO. 297 OF 2023
BETWEEN:
B MADHUSUDHAN ADIGA
AGED ABOUT 62 YEARS
S/O LATE B SHIVARAMA ADIGA
R/A NO 406, DURGA NILAYA
60 FT ROAD, CHOKKSANDRA
DASARAHALLI POST
BANGALORE 560 057
PH 9945583661
...PETITIONER
(BY SRI GANAPATHY BHAT, SENIOR COUNSEL FOR
SRI GANA SANDAPPA NAIKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
Digitally MULTISTORIED BUILDING, K R CIRCLE
signed by
ALBHAGYA BANGALORE 560 001
BY ITS SECRETARY.
Location:
HIGH
COURT OF 2. THE COMMISSIONER
KARNATAKA BBMP, CORPORATION CIRCLE
BANGALORE 560 001.
3. THE JOINT COMMISSIONER
BBMP, DASARAHALLI ZONE
BAGALAKUNTAE, NAGASANDRA POST
BANGALORE 560 072.
4. THE ASSISTANT REVENUE OFFICER
WARD NO 14, BAGALAKUNTAE
BBMP DASARAHALLI ZONE
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NC: 2024:KHC:1108
RP No. 297 of 2023
4TH CROSS, JAIN TEMPLE ROAD
T DASARAHALLI, BANGALORE 560 057.
...RESPONDENTS
(BY SRI A S HARISHA, AGA FOR R1 AND R4;
SRI PAWAN KUMAR ADVOCATE FOR
SRI H DEVENDRAPPA, ADVOCATE FOR R2 AND R3)
THE ADVOCATE FOR THE PETITIONER HAS FILED THE
ABOVE REVIEW PETITION UNDER SECTION 114 OF CPC R/W
ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING THAT
THIS HONBLE COURT BE PLEASED TO REVIEW THE JUDGMENT
AND ORDER PASSED BY THIS HONBLE COURT IN WP NO.
29504/2019 DATED 02.07.2021 VIDE ANNEXURE L AND PASS
SUCH OTHER ORDER/S AS THIS HON'BLE COURT DEEMS FIT
AND NECESSARY UNDER THE CIRCUMSTANCES OF THE CASE
IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the review
petitioner and the learned counsel appearing for
contesting respondents.
2. Petitioner claims that he has purchased one of
the sites in the layout formed by the owner. He would
point out that in all 848 sites are formed and the local
authority has issued 'A' khata in respect of 847 site
owners. Therefore, this Court allowed the writ petition
and directed the respondents-Corporation to consider the
NC: 2024:KHC:1108
petitioner's claim and issue 'A' katha subject to production
of document. In the operative portion, this Court has
called upon the petitioner to place on record the approved
layout plan.
3. It is brought to the notice of this Court that the
owner has not secured the approved layout plan though he
has formed a layout.
4. On examining the grounds urged in the review
petition, I am of the view that the operative portion of the
order insofar as it relates to calling upon the petitioner to
produce a certified copy of the approved layout plan needs
to be modified.
5. Hence, I proceed to pass the following:
ORDER
(i) The review petition is allowed.
(ii) The operative portion of the order passed in
W.P.29504/2019 is modified by deleting the relevant
portion whereby the petitioner is called upon to furnish the
certified copy of the approved layout plan.
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(iii) In the light of the order passed by this Court in
the present review petition, liberty is reserved to the
petitioner to submit a fresh representation along with the
order passed by this Court in the review petition.
(iv) If such a representation is submitted, the
respondent-Corporation shall consider the same dehors
the order passed by the Corporation on 15.9.2021 calling
upon the petitioner to place on record the certified copy of
the approved layout plan. Corporation shall not insist for
production of approved layout plan. If 847 site holders
are issued with 'A' Katha, petitioner on parity is also
entitled for 'A' katha.
Sd/-
JUDGE
ALB
