Karnataka High Court
Smt Gowthami Kannan vs The State Of Karnataka on 4 July, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:25336
WP No. 13180 of 2024
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.13180 OF 2024 (LB-BMP)
BETWEEN:
SMT GOWTHAMI KANNAN
W/O SRI P GUNALAN
AGED ABOUT 33 YEARS,
R/AT NO.3/327, POWER HOUSE THOTTAM
MEENACHINAYAKAN PATTI
MEENCHINAYKAN PATTI POST,
KURUMBA PATTI, DINDIGUL DISTRICT
TAMILNADU-624002
...PETITIONER
(BY SRI. K S MALLIKARJUNAIAH., ADVOCATE)
Digitally signed AND:
by JUANITA
THEJESWINI
Location: HIGH 1. THE STATE OF KARNATAKA
COURT OF URBAN DEVELOPMENT DEPARTMENT,
KARNATAKA VIKASA SOUDHA, BENGALURU-560001
REP BY ITS PRINCIPAL SECRETARY
2. THE COMMISSIONER
BRUHATH BENGALURU MAHANAGARA PALIKE
HUDSON CIRCLE, BENGALURU-560002
3. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY,
-2-
NC: 2024:KHC:25336
WP No. 13180 of 2024
SANKEY ROAD, BENGALURU-560020
4. TALACAUVERY HOUSE BUILDING
CO OPERATIVE SOCIETY LTD (R)
NO.3/3, VAMSH WHITE APARTMENT
2ND FLOOR, 3RD CROSS,
NEHARU NAGAR
OPPOSITE TO SHESHADRIPURAM COLLEGE
BENGALURU-560020
REP BY ITS SECRETARY
THIS SOCIETY REGISTERED UNDER
THE CO-OP. SOCIETY ACT 1960
...RESPONDENTS
(BY SRI.S.R. KHAMROZ KHAN, AGA FOR R1
SRI. K.S. MALLIKARJUN REDDY., ADVOCATE FOR R2
SRI. VASANTH FOR SRI. K. KRISHNA., ADVOCATES
FOR R3
R4 D/W V/O DT. 13/06/2024)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING THE R-2 TO ISSUE KHATHA COLLECT LICENSE
FEE AND SANCTION PLAN APPROVAL AND TO ISSUE
LICENSE TO CONSTRUCTION THE BUILDING IN SITE NO.
226 IN TALACAUVERY LAYOUT VEEBHUTHIPURA
BASAVANAGAR BENGALURU-560 037 AS PER THE
ACKNOWLEDGMENT/ REPRESENTATION MADE DTD
15.06.2023 AND 28.03.2024 VIDE ANNX-L AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:25336
WP No. 13180 of 2024
ORDER
R.DEVDAS J., (ORAL):
The petitioner is before this Court aggrieved of the
inaction on the part of the respondent - Bruhat
Bengaluru Mahanagara Palike (BBMP) in registering the
khata in her favour although the petitioner has
purchased the property in question under a registered
Sale Deed dated 01.06.2023.
2. On the previous occasion, this Court had
directed the concerned Assistant Revenue Officer to say
as to whether the other sites in the layout which was
admittedly formed by the 4th respondent - Talacauvery
House Building Co-operative Society Ltd., were
registered in the records of the BBMP and whether
khatas and building licences were issued.
3. Today, the concerned Assistant Revenue
Officer is present before this Court. On enquiry, it is
found that there are several other sites in the layout;
there are several constructions found in the layout and
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khatas are also registered in the records of the BBMP.
Nevertheless, the Assistant Revenue Officer submits that
earlier the layout was within the jurisdiction of the
K.R.Puram City Municipal Council and thereafter the
jurisdiction was brought within the limits of the BBMP.
Insofar as the khatas which were registered in the
records of the City Municipal Council, K.R.Puram, the
khatas have been re-registered in the records of the
BBMP. However in respect of those sites where khatas
were not registered with the City Municipal Council,
K.R.puram, no action is taken by the Assistant Revenue
Officer to register the khatas.
4. During the course of the proceedings
attention of this Court was drawn to Annexure-J, which
is an order passed by the Division Bench in
W.P.No.33155/2015, which was a public interest
litigation. It was submitted that the petitioner therein
who was also the president of the Residents Welfare
Association of Talacauvery Layout had alleged that sites
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were formed in areas reserved for civic amenity sites.
The Division Bench by order dated 17.06.2016 directed
that till the layout is formally sanctioned and civic
amenity areas are handed over to the BBMP, the parties
must maintain status quo and there shall be no transfer
and no construction in the layout. Nevertheless, the
matter was taken up to the Supreme Court and the
Hon'ble Supreme Court in Civil Appeal Nos.3290-
3291/2018 set aside the orders passed by the Division
Bench and remitted the matter back for fresh
consideration. After the matter was remanded back, the
Division Bench reconsidered the matter and dispose of
the public interest litigation on 02.02.2022 noticing the
fact that the civic amenity area which was earmarked as
park was divided into two parts namely Block-1 and
Block-2. Insofar as the Block - 2 is concerned, the
possession was taken over by the BBMP and Block-2 is
maintained as park. Insofar as Block -1 is concerned,
the Division Bench noticed that there are Regular First
Appeals pending before this Court and therefore no
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orders were passed in respect of Block-1. Insofar as
Block-2 is concerned directions have been issued to the
BBMP to maintain the same as park.
5. Today, the learned counsel for the BBMP has
furnished a copy of the judgment passed in RFA
No.806/2008. It is clear that the plaintiff was permitted
to withdraw the suit, in exercise of power conferred
under Order 23 Rule 1 (3) of CPC.
6. Having regard to these admitted facts, this
Court is of the considered opinion that the concerned
Assistant Revenue Officer of the BBMP is required to call
for any information from the Talacauvery House Building
Co-operative Society Ltd., to find out whether the
property in question was allotted and sold to any of the
members of the society; whether the property in
question is in any way concerned with Block-1 and 2,
which was the subject matter of the Public Interest
Litigation; if it is clear that the property in question has
nothing to do with the Block-1 and 2 of the Public
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Interest Litigation, then the Assistant Revenue Officer
may proceed to register the katha in favour of the
petitioner.
7. The entire exercise shall be completed as
expeditiously as possible and at any rate within a period
of two months from the date of receipt of copy of this
order.
Accordingly, the writ petition is disposed of.
Sd/-
JUDGE
KLY
CT: JL
