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2016 Supreme(Kar) 498

VINEET KOTHARI
Mahesh Kumar M J – Appellant
Versus
Bruhath Bangalore Mahanagara Palike – Respondent


Advocates Appeared:
For the Petitioner: AV Amarnathan
For the Respondents: V Sreenidhi

ORDER :

1. The writ petition is directed against the endorsement dated 26.12.2012 whereby the respondent BBMP has refused to sanction the construction plan of the petitioner, as the site in question belonging to the petitioner was not entered in Form A of the Property Register (Khata) maintained under the provisions of the BBMP Property Tax Rules, 2009.

2. The impugned Annexure D dated 26.12.2012 is quoted below for ready reference:

ENDORSEMENT

26.12.2012

Sub: Approval of plan in respect of the property bearing No.14, BBMP No.45/1/14, Khata No. 1876, Assessment No. 45/1, Khaneshumari No.1985/14, situated at Mallathahalli Village, within the limits of Bruhat Bangalore Mahanagara Palike, Yeshwanthapura Hobli, Bangalore North Taluk – regarding

Ref: Your representation dated 14.12.2012

With reference to the above cited subject you have sought for approval of plan referred above in respect of the ‘B’ katha property bearing No.14, BBMP No.45/1/14, Khata No. 1876, Assessment No.45/1, Khaneshumari No.1985/14, but your katha has not been registered in the Corporation as ‘A’ Khata and accordingly it cannot be considered for grant of plan. Hence the endorsement.

Sd/-

Asst. Director

(Urban Planning)

Raja






















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