IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF MARCH, 2018

BEFORE:

THE HON’BLE MRS. JUSTICE S.SUJATHA

WRIT PETITION Nos.59625/2016 &

2637/2017 (LB – RES)

BETWEEN:

1.

JAYANTH S.,

S/O LATE SATHYANANDA

AGED ABOUT 40 YEARS

R/A NO.14, 1^ST FLOOR

7^TH MAIN ROAD, 3^RD CROSS ROAD

SARASWATHIPURAM, MYSORE-09

2.

SMT.RATHNA

W/O LATE P.SATHYANANDA

AGED ABOUT 63 YEARS

R/A NO.14, 1^ST FLOOR

7^TH MAIN ROAD,

3^RD CROSS ROAD

SARASWATHIPURAM

MYSORE-09

... PETITIONERS

[BY SRI N.R.GIRISHA, ADV.]

AND:

1.

CITY MUNICIPAL COUNCIL

CHIKKABALLAPURA TOWN

CHIKKABALLAPURA DISTRICT-561207.

REP. BY ITS COMMISSIONER

2.

COMMISSIONER

CITY MUNICIPAL COUNCIL

CHIKKABALLAPURA TOWN

CHIKKABALLAPURA DISTRICT-561207 …RESPONDENTS

[BY SRI VIJAY KRISHNA BHAT, ADV.)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO

DIRECT THE R-2 TO TRANSFER THE KATHA OF THE PROPETY

BEARING NO.1017, OLD NO.845/1 SITUATED AT WARD NO.29

OF CHIKKABALLAPURA TOWN WITHIN A SPECIFIED PERIOD.

THESE PETITIONS COMING ON FOR PRELIMINARY

HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE

FOLLOWING:-

O R D E R

Heard the Learned counsel appearing for the

parties.

2. Petitioners are seeking writ of mandamus

directing 2^nd respondent to consider Annexure-D

application dated 1.6.2016 submitted by them and to

pass appropriate order.

3. It is submitted that the title to the property in

question has been confirmed in favour of the petitioners

by virtue of the order of the Hon’ble Apex Court in Civil

Appeal No.4428/2011. As such, it was obligatory on

the part of the respondents to consider the application

made by the petitioners to transfer khata of the property

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in question in their name. Despite several requests

made by the petitioners, same remained unconsidered.

Hence, these writ petitions.

4. Learned counsel for the respondents would

submit that litigations are still pending in respect of the

property in question. However, a candid submission is

made that the representations submitted by the

petitioners shall be considered by the Authorities in

accordance with law.

5. In view of the submission made by the learned

counsel appearing for the respondents as aforesaid,

there being no legal impediment for the Authorities to

consider the representation, issuing a direction to the

respondents to consider the same would meet the ends

of justice. Hence, respondent No.2 shall consider the

application dated 1.6.2016 at Annexure-D to the writ

petition in an expedite manner, in any event within a

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period of four weeks from the date of receipt of the

certified copy of the order.

With

the

aforesaid

observation,

these

writ

petitions stand disposed of.

Sd/-

JUDGE

ln.