Karnataka High Court
Sri K N Junjappa vs Bruhat Bangalore Mahanagara Palike on 28 August, 2018
Author: B.Veerappa
Bench: B. Veerappa
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF AUGUST, 2018
BEFORE
THE HON'BLE MR.JUSTICE B. VEERAPPA
WRIT PETITION NO.5265 OF 2018 (LB-BMP)
AND
WRIT PETITION NO.5942 OF 2018 (LB-BMP)
BETWEEN:
Sri.K.N.Junjappa
Aged 79 years
S/o late Heggegowda
R/o No.5675, Ravindranagara
Hassan - 573 201
Hassan District ...PETITIONER
(By Sri.M.Krishnappa, Advocate)
AND:
1. Bruhat Bangalore Mahanagara Palike
Hudson Circle
Bangalore - 560 002
Rep by its Commissioner.
2. The Joint Commissioner
B.B.M.P., Begur Road
Bommanahalli
Bangalore - 560 068.
3. The Assistant Revenue Officer
Anjanapura Sub-Division, B.B.M.P.,
Gottigere, Bommanahalli Zone
2
Bannerugatta Road
Bangalore - 560 083. ...RESPONDENTS
(By Sri.N.R.Jagadeeswara, Advocate for R1 to R3)
*****
These Writ Petitions are filed under Articles 226
and 227 of the Constitution of India praying to direct
the respondents 1 to 3 to consider the representation of
the petitioner dated 1.8.2017 as per Annexure-D and
grant 'A' Katha in respect of his residential sites bearing
Site No.40 & 41, measuring 60 ft. x 40 ft (totally 2400
sq. ft.) bearing Katha Nos.378/26 and 377/25 formed
out of Sy.No.10/2, situated at Pillagana Halli,
Pavamana Residency, Utharahalli Hobli, Bangalore
South Taluk.
These Writ Petitions coming on for Orders, this
day, the Court made the following:
ORDER
The petitioner filed the present Writ Petitions seeking for a writ of mandamus to direct the respondents No.1 to 3 to consider the representation of the petitioner dated 01.08.2017 as per Annexure-D and grant 'A' katha in respect of his residential sites bearing sites Nos.40 & 41, measuring 60 ft. x 40 ft. [totally measuring 2400 sq. ft.] bearing Katha Nos.378/26 and 3 377/25 formed out of Sy.No.10/2, situated at Pillagana Halli, Pavamana Residency, Utharahalli Hobli, Bangalore South Taluk.
2. It is the case of the petitioner that he has purchased the residential sites bearing Nos.40 & 41, measuring 60 ft x 40ft (totally measuring 2400 sq. ft), bearing Katha Nos.378/26 and 377/25 formed out of Sy.No.10/2, situated at Pillagana Halli, Pavamana Residency, Utharahalli Hoblic, Bangalore South Taluk under a registered sale deed dated 10.06.2004.
3. It is further case of the petitioner that, by Notification dated 05.07.2003, the lands bearing Sy.Nos.10/4, 10/5 and 10/6 were acquired for the project of Bangalore-Mysore Infrastructure Corridor Project ('BMIC Project' for short) and the petitioner's sites formed out of land in Sy.No.10/2 has not been acquired for the said project. It is the case of the 4 petitioner that on 01.03.2010, Bruhat Bangalore Mahanagara Palike has issued 'A' Katha in respect of Site/Plot No.16, Katha No.55/117/16 formed out of adjacent Sy.No.10/3, which was also similarly not acquired under the said acquisition notifications. On 31.07.2015, respondent No.2 issued a letter to the respondent No.3 directing him to take action to cancel the kathas issued to buildings and sites that are within the jurisdiction of BMICAPA and that in future, no katha shall be issued to the unauthorized properties in the said BMICAPA area. On 19.05.2017, petitioner submitted an application along with all the necessary documents to the respondent No.3 requesting him to grant 'A' katha in respect of his aforementioned residential sites.
4. It is further contended that the petitioner has paid the property tax for the year 2017-18 for the aforementioned sites. It is further contended that on 5 01.08.2017, the petitioner submitted a representation stating that his residential sites formed out of Sy.No.10/2 do not come under the jurisdiction of BMICAPA since the same has not been acquired for BMIC Project. It is also contended that the petitioner issued a legal notice dated 02.11.2017 to the respondents reiterating the earlier request made to them. Inspite of the representation and legal notice issued by the petitioner to the respondents, they have not considered the same nor granted 'A' katha in respect of properties in question. Therefore, he is before this Court for the relief sought for.
5. I have heard the learned counsel for the parties to the lis.
6. The learned counsel for the petitioner contended that he has purchased the properties in question under a registered sale deed dated 10.06.2004 6 and admittedly, the said properties were not acquired for BMIC Project. He further submits that inspite of the representation and legal notice issued to the respondents, even after lapse of eight months, the respondents have not taken any action to grant 'A' Katha in respect of properties in question. He submits that because of inaction on the part of the respondents, the petitioner is driven before this Court for the relief sought for.
7. Per contra, the learned counsel for the respondents fairly submits that the representation of the petitioner dated 01.08.2017 vide Annexure-D for grant of 'A' katha in respect of residential sites will be considered within reasonable period of two months, if not already considered, in accordance with law.
8. The said submission is placed on record. 7
9. Having heard the learned counsel for the parties, it is the specific case of the petitioner that he has purchased two residential sites under a registered sale deed dated 10.06.2004. The BBMP had also issued 'A' katha in respect of adjoining property of the petitioner. It is the categorical statement of the petitioner that his residential properties have not been acquired for BMIC Project. The representation dated 01.08.2017 submitted by the petitioner has not been considered by the respondents even after lapse of eight months. Therefore, there is no impediment for the respondents to consider the representation of the petitioner for grant of 'A' katha if the same is in accordance with law.
10. The material on record clearly depicts that the petitioner filed a representation along with details as long back as 01.08.2017 as per Annexure-D for grant of 'A' katha in respect of residential sites bearing Nos.40 & 8 41, measuring 60 ft x 40ft (totally measuring 2400 sq. ft), bearing Katha Nos.378/26 and 377/25 formed out of Sy.No.10/2, situated at Pillagana Halli, Pavamana Residency, Utharahalli Hobli, Bangalore South Taluk. Even after lapse of more than one year, the respondents have not considered the representation. It is the duty of the authority that if any representation is made, that has to be considered within the reasonable period and the same has not been considered till today. In view of the above, the petitioner has made out a judicial enforceable right as well as legally protected right to issue a writ of mandamus to the respondents as prayed for.
11. For the reasons stated above, the Writ Petitions are allowed. A writ of mandamus is issued to the respondents to consider the representation of the petitioner dated 01.08.2017 vide Annexure-D for grant of 'A' katha in respect of residential sites bearing Nos.40 9 & 41, measuring 60 ft x 40ft (totally measuring 2400 sq. ft), bearing Katha Nos.378/26 and 377/25 formed out of Sy.No.10/2, situated at Pillagana Halli, Pavamana Residency, Utharahalli Hobli, Bangalore South Taluk within a period of two months from the date of receipt of a certified copy of this order in accordance with law.
Ordered accordingly.
Sd/-
JUDGE Prs*