Sri Arun Kumar vs Hosakote Town Municipality on 17 January, 2022

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Karnataka High Court

Sri Arun Kumar vs Hosakote Town Municipality on 17 January, 2022

Bench: Hemant Chandangoudar

                            1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 17TH DAY OF JANUARY, 2022

                          BEFORE

    THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

           WRIT PETITION NO.898 OF 2021 (LB-RES)

BETWEEN:

SRI ARUN KUMAR,
S/O LATE H J NARAYANASWAMY,
AGED ABOUT 52 YEARS,
2ND CROSS, K R ROAD,
HOSAKOTE,
BENGALURU RURAL DISTRICT,
PIN-562114.                                  ...PETITIONER

(BY SRI ERAPPA REDDY M, ADVOCATE)

AND:

HOSAKOTE TOWN MUNICIPALITY,
BY ITS COMMISSIONER,
HOSAKOTE,
BENGALURU RURAL DISTRICT,
PIN-562114.                                 ...RESPONDENT

(BY SRI P.N.NANJAREDDY, ADVOCATE)
                           ----
     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT BEARING DTD. 15.10.2020 AS PER ANNX-A AND
TO DIRECT THE RESPONDENT TO REGISTER KATHA IN RESPECT
OF PROPERTIES BEARING NO.KATHA NO.35/35, 2ND WARD,
HOSAKOTE MEASURING 255X142 AND 118X170, WARD NO.2,
KOTE, HOSAKOTE, BENGALURU DISTRICT BY CONSIDERING HIS
APPLICATION DTD. 18.10.2018 AS PER ANNX-H.
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     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THROUGH VIDEO
CONFERENCE, THE COURT MADE THE FOLLOWING:

                              ORDER

The petitioner submitted an application for issuing katha in his favour in respect of the property bearing No.35/35, Ward No.23, Kote, Hosakote, measuring 255x142 (2) 118x70 feet. The said application was rejected by the respondent stating that the katha cannot be issued on the basis of the unregistered partition deed. Hence, this writ petition.

2. Learned counsel for the petitioner would submit that the unregistered partition deed effected between the petitioner's father and his brother has been acted upon by the respondent and katha has been issued in favour of his uncle on the basis of the unregistered partition deed. Hence, he submits that the impugned endorsement issued by the respondent is arbitrary and discriminatory.

3. I have considered the submission of the learned counsel for the petitioner.

4. Admittedly, petitioner's father and his brother effected partition of properties belonging to their father, Dodda 3 Junjappa. The brother of the petitioner's father submitted an application for issuing katha in his favour in respect of the property allotted to him under the unregistered partition deed, which is evident from the extract produced at Annexure-D.

5. The unregistered partition deed is an oral partition reduced into writing which does not require registration of the document. Even otherwise, the respondents having acted upon the said unregistered partition deed was not justified in rejecting the application submitted by the petitioner and the same is arbitrary and discriminatory. Hence, I pass the following:

ORDER

i) Writ petition is allowed;

ii) The impugned endorsement dated 15.10.2020 at Annexure-A issued by the respondent is hereby quashed;

iii) The respondent is hereby directed to issue katha in favour of the petitioner in respect of the property bearing No.35/35, Ward No.23, Kote, Hosakote;

vi) In the event, if any objection is submitted by any person claiming right over the property in question, the same shall be considered in accordance with law.

The said exercise shall be completed within a period of two months from the date of receipt of certified copy of this order.

Sd/-

JUDGE BKM

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