The land bearing Sy.No.53/1 measuring 10 guntas of

Lingarajapura is the subject matter of this writ petition and the

subject property was conveyed to the petitioner by registered

sale deed dated 06.09.2005 executed by B.K.Murthy Eshwaraiah

and J.M.Srinivasan. Thereafter, the petitioner got the subject

property converted for residential purposes under Section 95 of

the Karnataka land Revenue Act and submitted an application to

the respondent-BBMP to register khata in respect of subject

property.

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2.

The respondent-BBMP issued impugned endorsement

rejecting the application submitted by petitioner stating that the

dispute is pending consideration in respect of the subject

property

in

W.P.No.17141/2017,

W.P.No.51194/2015,

RFA

No.2083/2016 and RFA No.7512/2016, against which, the

present petition is filed.

3.

Learned counsel appearing for petitioner submits that

the Joint Director of Land records, City Survey, Bangalore

has issued an endorsement stating that subject property bearing

CTS No.599/1 exclusively belongs to the petitioner. He further

submits that in the absence of any order of restraint the

impugned endorsement issued by respondent-BBMP is contrary

to Sub Section (3) of Section 114 of Karnataka Municipal

Corporation Act.

4.

On the other hand, learned counsel appearing for

respondent BBMP submits that the petitioner is not entitled for

registration of katha in his favour in respect of the subject

property since the dispute in respect of the subject property is

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pending consideration and the petitioner’s application can be

considered only after adjudication of the dispute.

5.

I have considered the submission made by learned

counsel for the parties.

6.

The petitioner is claiming to be the owner by virtue

of registered sale deed. Section 149 of Bruhat Bengaluru

Mahanagara Palike Act, 2020 which is pari materia to the Section

114 of the Karnataka Municipal Corporation Act, 1976, specifies

that:

"(1) Whenever the title of any person

primarily liable for the payment of the tax on

any premises to or over such premises is

transferred, the person whose title is

transferred and the person to whom the

same is transferred shall, within three months

after the execution of the instrument of transfer

or after its registration, if it be registered or after

the transfer is effected, if no instrument be

executed, give notice of such transfer to the Chief

Commissioner in such format as may be

prescribed.

(3)Whenever such transfer comes to the

knowledge of the Chief Commissioner or

authorised officer through such notice, the

name of the transferee shall be entered in the

property tax register."

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7.

In the instant case, the petitioner claims to have

acquired the title over the subject property by virtue of the

registered sale deed and the respondent – BBMP is under an

obligation to effect the name of the petitioner in the property tax

register as specified under Section 149(3) of the BBMP Act since

there is no order of restraint operating against the petitioner.

Hence, the impugned endorsement issued by respondent-BBMP

is contrary to Section 149 of the BBMP Act, 2020 and the same

is not sustainable. Accordingly, I proceed to pass the following:

ORDER

Writ petition is allowed.

Impugned endorsement dated 14.03.2019 issued by

respondent No.3 at annexure-L is hereby quashed.

Respondent No.3 is hereby directed to register the khata in

favour of petitioner in respect of the subject property in

pursuance of registered sale deed dated 06.09.2005 executed in

his favour subject to petitioner satisfying other requirements of

law.

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The said exercise shall be completed within a period of

eight weeks from the date of receipt of certified copy of this

order.

The khata to be registered in favour of petitioner shall be

subject to the out come of proceedings pending in respect of the

subject property.

Sd/-