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Smt. Anusuya Devi vs the Commissioner

Smt. Anusuya Devi vs The Commissioner

Type Court Judgment Court Karnataka Orders Decided Aug 30, 2025
~3 min read
https://sooperkanoon.com/case/1745665

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Citation
Court
Karnataka Orders High Court
Judge
Decided On
Case Number
WP/20414/2023

Parties & Advocates

Appellant / Petitioner

Smt. Anusuya Devi

Respondent

The Commissioner

Excerpt

.....is issued to the petitioner to this effect. aggrieved by the same, the petitioner has filed the present writ petition with the following prayers:"a. writ of mandamus or any other writ, thereby directing the respondents to issue katha with respect to property bearing by site no.88, situated in a layout formed the bapuji co-operative housing society ltd., kempapura agrahara, chandra layout (bapuji layout), bangalore, i.e., schedule property, b. consequently a writ of certiorari or any otherorder or writ thereby quashing the endorsementno.da/wa-132/ktr/23-2022-23 issued by the 2nd respondent, marked as annexure-a dated 27/10/22. c. issue such other order/orders as deemed fit in the circumstances of the case including costs."3. it is submitted that subsequent to filing of the writ petition, appeal no.192/2010 has been disposed of before karnataka appellate tribunal.4. learned counsel for bbmp submits that there is noobjection to consider the case of the petitioner in accordance with law and pass appropriate orders provided the petitioner makes a fresh application with all the necessary particulars.5. hence, the following: -4-orderi) the petitioner is given liberty to make a fresh application along with all the necessary particulars for issuance of khata; ii) upon receipt of such an application, the jurisdictional officer of bbmp shall consider the same in accordance with law and pass appropriate orders within a period of eight weeks thereafter; iii) the writ petition stands disposed of accordingly. sd/- (m.i.arun) judge pgg

Full Judgment

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 20414 OF 2023 (LB-BMP) BETWEEN:

1. SMT. ANUSUYA DEVI W/O N.SHIVANNA AGED ABOUT 72 YEARS NO 213, 5TH CROSS ROAD SARASWATHINAGAR VIAJAYNAGAR, BANGALORE-560 040. …PETITIONER (BY SRI. VENKATESHA T.S., ADVOCATE)

AND: Digitally 1. THE COMMISSIONER signed by GEETHA P G BRUHATH BANGALORE MAHANAGARA PALIKE Location: N.R.SQUARE, BANGALORE. HIGH COURT OF 2. THE ASSISTANT REVENUE OFFICER KARNATAKA BRUHATH BANGALORE MAHANAGARA PALIKE GALLI ANJANEYA TEMPLE DIVISION AT 1ST FLOOR OF EJUKOLA 9TH CROSS ROAD, R.P.C. LAYOUT HAMPINAGARA, VIJAYANAGAR 2ND STAGE, BANGALORE- …RESPONDENTS (BY SRI. CHAITHRAVATHI B.S., ADVOCATE) -2- THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO ISSUE KATHA WITH RESPECT TO PROPERTY BEARING SITE NO.88, SITUATED IN A LAYOUT FORMED BY THE AGRAHARA, CHANDRA LAYOUT (BAPUJI LAYOUT), BANGALORE I.E. SCHEDULE PROPERTY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

The case of the petitioner is that she is the owner of the property bearing site No.88, situated in a layout formed by the Agrahara, Chandra layout (Bapuji Layout), Bangalore and she has requested the respondents-BBMP to issue a khata in respect of the property in her name.

2. The request of the petitioner has not been

considered by the BBMP on the ground that there is an appeal bearing No.192/2010 pending before Karnataka Appellate -3- Tribunal and an endorsement is issued to the petitioner to this effect. Aggrieved by the same, the petitioner has filed the present writ petition with the following prayers:

"a. Writ of mandamus or any other Writ, thereby directing the Respondents to issue Katha with respect to Property bearing by Site No.88, situated in a Layout formed the Bapuji Co-operative Housing Society Ltd., Kempapura Agrahara, Chandra layout (Bapuji Layout), Bangalore, i.e., Schedule Property, b. Consequently a Writ of Certiorari or any other

order or Writ thereby Quashing the Endorsement

No.DA/WA-132/KTR/23-2022-23 issued by the 2nd Respondent, marked as Annexure-A dated 27/10/22. c. Issue such other order/orders as deemed fit in the circumstances of the case including costs."

3. It is submitted that subsequent to filing of the writ petition, appeal No.192/2010 has been disposed of before Karnataka Appellate Tribunal.

4. Learned counsel for BBMP submits that there is no

objection to consider the case of the petitioner in accordance with law and pass appropriate orders provided the petitioner makes a fresh application with all the necessary particulars.

5. Hence, the following: -4-

ORDER

i) The petitioner is given liberty to make a fresh application along with all the necessary particulars for issuance of khata; ii) Upon receipt of such an application, the jurisdictional officer of BBMP shall consider the same in accordance with law and pass appropriate orders within a period of eight weeks thereafter; iii) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG

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