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2022 Supreme(Online)(Kar) 50999
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JANUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.13266 OF 2020 (LB-BMP)
BETWEEN:
DR T S KARTHIK,
S/O T SUDHAKAR REDDY,
AGED ABOUT 40 YEARS,
R/AT NO.42/80-8, NGO COLONY,
CHINNA CHOWKA, KADAPA,
ANDRAPRADESH-516001.
REPRESENTED BY HIS
POWER OF ATTORNEY HOLDER,
DR. SUDHAKAR REDDY
S/O T VENKATA REDDY
AGED ABOUT 71 YEARS,
R/AT NO.42/80-8, NGO COLONY,
CHINNA CHOWKA, KADAPA,
ANDRAPRADESH-516001. ...PETITIONER
(BY SRI VASANTHAPPA, ADVOCATE)
AND:
1. THE COMMISSIONER OF
CORPORATION OF CITY OF BENGALURU
BCC, BBMP, BENGALURU,
HUDSON CIRCLE,
BENGALURU-560001.
2. THE ASSISTANT COMMISSIONER,
KODIGEHALLI SUB-DIVISION,
9TH MAIN, D BLOCK,
SAHAKARANAGARA,
BENGALURU-560092.
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3. THE ASSISTANT REVENUE OFFICER,
KODIGEHALLI SUB-DIVISION,
BBMP, 9TH MAIN, D BLOCK,
SAHAKARANAGARA,
BENGALURU-560092.
4. SMT.VIJAYALAKSHMI,
W/O T V RAMANAREDDY,
MAJOR BY AGED
R/AT FLAT NO.F1,
FLAT NO.46 AND 47,
1ST CROSS, 4TH MAIN ROAD,
A SECTOR, AMRUTHAHALLI
BENGALURU-560092. ...RESPONDENTS
(BY SMT. M.C.NAGASHREE, ADVOCATE FOR R1 TO R3,
SRI MANJUNATH G KANDEKAR, ADVOCATE FOR R4 )
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE ORDER PASSED BY THE R-3 AUTHORITY THE ASSISTANT
REVENUE OFFICER, KODIGEHALLI, SUB-DIVISION, BENGALURU
VIDE ANNEXURE-F, DATED 21.08.2019.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING
IN
'B'
GROUP
THIS
DAY,
THROUGH
VIDEO
CONFERENCE, THE COURT MADE THE FOLLOWING:
Initially the respondent - BBMP registered the katha in
favour of petitioner in respect of flats No.GF-01, GF-02, FF-01,
FF-02 and TF-01 and registered the katha in favour of respondent
No.4 in respect of flats bearing No.GF-01, GF-02 and SF-02.
2.
When such being the case, the 4th respondent herein
filed objection with the respondent - BBMP so as to cancel the
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katha registered in favour of the petitioner stating that the
construction put up by the petitioner is in violation of the building
plan and also the petitioner has not obtained completion
certificate. The 2nd respondent after notifying the parties
conducted an enquiry and passed an order on 29.7.2019
canceling the katha registered in favour of the petitioner. Hence,
this writ petition.
3.
Heard the learned counsel for the parties.
4.
The katha registered in favour of the petitioner as
well as the 4th respondent was cancelled on the ground that the
petitioner has put up construction in violation of sanctioned
building plan and also the petitioner has not obtained completion
certificate before applying with the respondent - BBMP so as to
register the katha.
5.
The respondent - BBMP has passed an order under
Section 321(3) of the Karnataka Municipal Corporation Act calling
upon the petitioner to demolish the construction put up by the
petitioner in violation of sanctioned building plan, against which,
the petitioner has filed an appeal in Appeal No.890/2019 before
the Karnataka Appellate Tribunal and the same is pending
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consideration and the petitioner has obtained an interim order
staying the operation of the order passed under Section 321(3)
of the KMC Act.
6.
The petitioner's claim for registering the katha in his
favour in respect of the flats in question can only be considered
after the outcome of the appeal No.890/2019 filed by him
pending consideration before Karnataka Appellate Tribunal. At
this stage, the impugned order passed by the respondent - BBMP
cannot be interfered.
7.
It is made clear that the Trial Court shall not be
influenced by the order passed by this Court in canceling the
katha registered in favour of the parties and the Trial Court shall
adjudicate the rights of the parties in O.S.No.816/2017 on
available material on record.
With the above observation, writ petition stands disposed
of.
Sd/-
JUDGE
BKM
