Karnataka High Court
Sri B Hanumanthachar vs Municipal Commissioner on 11 June, 2018
Author: B.Veerappa
Bench: B.Veerappa
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE 2018
BEFORE
THE HON'BLE MR. JUSTICE B.VEERAPPA
WRIT PETITION Nos.52797-52801 OF 2015 (LB-RES)
BETWEEN :
1. Sri.B.Hanumanthachar,
S/o Late Bhimachar,
Aged about 67 years,
T.S.T. Complex,
No.28, Huliyar Road,
Hiriyur-577598,
Chitradurga District.
2. Sri.H.Sathyanarayanachar,
S/o B.Hanumanthachar,
Aged about 42 years,
T.S.T Complex, No.28,
Huliyar Road, Hiriyur -577598,
Chitradurga District.
3. Sri.H.Karibasaveshwara,
S/o B.Hanumanthachar,
Aged about 42 years,
T.S.T Complex, No.28,
Huliyar Road, Hiriyur -577598,
Chitradurga District.
4. Sri.T.S.Tanyasi Gounder,
S/o Late T.Suryappa Gounder,
Aged about 57 years,
T.G. Colony, Adivala,
2
Hiriyur Taluk - 577597,
Chitradurga District.
... Petitioners
(By Sri: N.Devadas, Senior Counsel for
Smt: K.S.Anasuya Devi, Advocate)
AND:
Municipal Commissioner,
The City Municipal Council,
(Nagara Sabhe),
Hiriyur - 577598,
Chitradurga District. ...Respondent
(By Sri.S.N.Hatti, Advocate)
These writ petitions are filed under Article 226 and
227 of the Constitution of India praying to direct the
respondent to enter the names of the petitioners in the
property tax register and issue khatha in respect of the
properties purchased by petitioners vide Annexures-A to D
dated 23.09.2006 as per the representation of the petitioners
dated 16.02.2015 Annexures-J, J1, J2 & J3 and further
representation dated 15.06.2015 vide Annexures-K to K3
and etc.,
These writ petitions, coming on for Orders this day,
the Court made the following:
ORDER
The petitioners have filed the present writ petitions for a writ in the nature of mandamus directing the respondent to enter the names of the petitioners in 3 the property tax register and issue khatha in respect of the properties purchased by them under registered sale deeds dated 23.09.2006 (as per Annexures-A to D), by considering the representations of the petitioners dated 16.02.2015 and 15.06.2015 (as per Annexures-J, J1, J2 & J3 and Annexures-K, K1 to K3) and pass such other appropriate orders in accordance with law.
2. It is the case of the petitioners that respondent-Municipality had issued building license to the 4th petitioner on 02.08.2000 for construction of a commercial complex in the property bearing Municipal Khatha No.2414 to 2418 situated at Huliyar Road, Hiriyur Town. The petitioner Nos.1 to 3 have purchased certain shop portions in the said building known as "TST Complex" under registered sale deeds.
3. The respondent - Town Municipality passed an order on 09.05.2005 regularising the deviations and 4 approved the construction of the building as per the revised plan by levying penalty. The petitioners No.1 to 3 filed applications dated 19.01.2009 requesting the respondent - Municipality to enter their names in the property tax registers as per the sale deeds, but the Municipality issued endorsement dated 27.03.2010 that their applications cannot be considered in view of the letter dated 06.03.2010 issued by the Deputy Commissioner. The said endorsement was subject matter of the writ petition before this Court, in W.P.Nos.12222-224/2010 (LB-RES), wherein this Court by its order dated 13.06.2013 quashed the order dated 06.03.2010 issued by the Deputy Commissioner and endorsement dated 27.03.2010 issued by the Municipality by reserving liberty to the Municipality to take appropriate action against the petitioners in accordance with law, after providing opportunity to the petitioners.
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4. Thereafter, the petitioners filed representations on 16.02.2015 and 15.06.2015 as per Annexures-J, J1, J2 & J3 and Annexures-K, K1 to K3 to consider their representations to enter the names of the petitioners in the property tax register and issue katha in their names. In spite of the representations, the respondent has not passed any orders. Hence, petitioners are before this Court for a writ of mandamus as sought for.
5. I have heard the learned counsel for the parties to the lis.
6. Sri.N.Devadas, Senior Counsel for the petitioner contended that it is the duty of the respondent - Municipality to consider the representations and pass orders in accordance with law and in terms of the provisions of Section 113 of the Karnataka Municipalities Act, 1964 and to consider the 6 registered sale deeds and enter their names in the property tax register and the same has not been done. Therefore, he sought for allowing the writ petitions.
7. Per contra, Sri.S.N.Hatti, learned counsel for the respondent fairly submits that if the representations of the petitioners are not considered by the respondent, the same will be considered in accordance with law within a period of six weeks. The said submission is placed on record.
8. Having heard the learned counsel for the parties, it is the specific case of the petitioners that they have purchased certain shop portions in the building knows as "TST Complex" under registered sale deeds dated 23.09.2006 and thereafter, by representations dated 16.02.2015 and 15.06.2015 requested the Municipal Commissioner to enter their names in the property tax register in terms of the sale deeds and the 7 same has not been done in the present case. Admittedly, the representation made by the petitioners are as long back on 16.02.2015 and 15.06.2015, even though we are in the year 2018 and till today the respondent - Municipality has not passed any order. Therefore the petitioners are before this Court. It is well settled law that whenever the representations made by the applicants based on the registered documents, it is the duty of the respondent - Municipality to consider the representations and discharge institutional responsibility within a reasonable period and the same has not been done. Therefore, the petitioners have made out prima-facie case, to issue a writ of mandamus as prayed for.
9. In view of the above, the following:- 8
ORDER
a) The writ petitions are allowed.
b) The respondent-Municipal Commissioner is directed to consider representations of the petitioners dated 16.02.2015 and 15.06.2015 as per Annexures-J, J1, J2 & J3 and Annexures-K, K1 to K3 and pass orders in terms of the registered sale deeds dated 23.09.2006 as per Annexures-A to D within a period of eight weeks from the date of issue of copy of this order.
Sd/-
JUDGE RR/NBM