Lakshmaiah, Muniellamma and Munikrishan vs The Commissioner BBMP, Bangalore-560002 and Others

A.S. Bopanna, J.—Sri S.N. Prashanth Chandra, learned counsel to accept notice for respondents No. 1 and 2. He is permitted to file his Vakalath in four weeks. Considering the nature of disposal, notice to respondents No. 3 to 5 is not necessary. The petitioners are before this Court assailing the endorsement dated 31.08.2012 which is impugned at Annexure-A to the petition.

The case of the petitioners is that the property bearing No. 228 (Newly assigned No. 3) H.L. No. 205, measuring 29 feet x 39 feet carved out in Sy.No. 5 of Nagashettihalli, Manjunatha Layout, Bangalore, belongs to the petitioners. It is contended that the said property was allotted in favour of father of the petitioners viz., Late Muniyappa. In that context, the petitioners have sought for registration of khatha in their names in the records of respondents No. 1 and 2. When such application had been made by the petitioners, respondents No. 3 to 5 have objected to the change of khatha. In such circumstance, respondent No. 2 has issued the impugned endorsement dated 31.08.2012. The endorsement would disclose that respondent No. 2 has not accepted the request of the petitioners in view of the objections raised by respondents No. 3 to 5. Hence, it has been indicated to the petitioners that since there are no title documents, the request of the petitioners cannot be accepted in view of the objections.

Learned counsel for the petitioners has relied on certain extracts of the tax demand register maintained by the erstwhile Panchayath. He has also referred to a partition deed said to have been entered on 13.07.2012. When respondents No. 3 to 5 have objected to the change of entries and when respondent No. 2 has sought for title documents in that regard, the petitioners would have to furnish all the documents to establish their title. In such circumstance, it would be open for respondent No. 2 to look into the same and notify respondents No. 3 to 5 calling upon their objection statement and to produce such other documents. In that light, if the respondent No. is in a position to assess the documents and finds that there can be no dispute with regard to the title, the same would be acted upon or else, respondent No. 2 would intimate the parties to have their dispute settled in accordance with law. To enable this process, the petitioners are granted liberty to file a fresh application along with additional documents if any with respondent No. 2, whereupon respondent No. 2 would consider it in accordance with law after notifying respondents No. 3 to 5 in the manner indicated above. The petitioners to file the application along with the documents within a period of four weeks from the date of receipt of a copy of this order. The respondent No. 2 shall thereafter consider the same as expeditiously as possible.

In terms of the above, these petitions stand disposed of. No costs.