VISHWAS U LAD Vs. COMMISSIONER BANGALORE DEVLOPMENT AUTHORITY

JUDGEMENT

(1.) This appeal is filed by the petitioner in W.P. No. 7454 of 2008 being aggrieved by the order dated 25-9-2008 wherein the learned Single Judge has dismissed the writ petition.

(2.) The appellant herein filed W.P. No. 7454 of 2008 seeking for declaration that the action of the respondents 1 and 2-Bangalore Development Authority (hereinafter called 'the BDA') in issuing notice dated 19-4-2008 as per Annexure-F to the writ petition and all consequential acts/proceedings thereto leading to the demolition of the building on the schedule site on 24-5-2008 as illegal and non est in law and to restore the status quo and to order for an investigation be conducted by the independent agency.

(3.) It is the contention of the petitioner that he is the owner in possession of the site bearing No. 486 situated in Corporation Ward No. 72 (previously having HASB Katha No. 408) located in Sy. No. 8/2, 7th Main, situated at Motappana Palya, K.R. Puram Hobli, Bangalore East Taluk, Bangalore. The said property was purchased by the petitioner under the registered sale deed. The property originally belonged to one Muniraju alias Doddamuniyappa who registered the partition deed. He died intestate on 13-6-1976 leaving behind his wife-Akkayyamma and two daughters-Smt. M. Gowramma and Smt. M. Jyothi and two sons-Sri M. Govindaraju and Sri M. Babu and after the death of Muniraju, the wife and children succeeded to the property of Muniraju alias Doddamuniyappa have executed a power of attorney in favour of Ramathilaka to deal with the schedule property. The said Ramathilaka sold the schedule property to one Michael S. Lobo under a registered sale deed dated 11-10-1996. Katha was transferred to his name in the books of the Corporation and he was paying the taxes. Lobo sold the property in favour of M/s. Lakshmi Enterprises, the vendor of the petitioner under registered sale deed dated 15-12-2000, katha was transferred to the name of the petitioner's vendor. The petitioner purchased the schedule property from M/s. Lakshmi Enterprises on 16-9-2004 as per Annexure- A to the writ petition. It is the further case of the petitioner that the said Lobo appeared to have filed some objections before the BDA in respect of site bearing No. 3798 as per Annexure-K to the writ petition and BDA gave an endorsement stating that under the impression that site No. 3798 is formed in Sy. No. 7/1 they had auctioned the property, now they came to know it is not so and therefore, they have recalled the said sale and on a similar information given by the BDA, the Corporation made the katha in the name of Lobo. The petitioner after purchase of the property got the katha transferred, obtained a sanctioned plan from the Corporation and also put up a construction and the BDA initiated action, demolished the existing construction and thus evicted the petitioner from the property. Being aggrieved by the same, writ petition is filed seeking for the above referred reliefs.