CHANDRAKALA Vs. COMMISSIONER BBMP

JUDGEMENT

(1.) The property bearing No.83, carved out of Sy.No.6 of Matadahalli adjoining Muniswamappa Road, Ramakrishnappa Block, Munireddypalyam, Bangalore City Corporation Division 46, originally belonged to the Bangalore City Corporation, which in turn sold the said property in favour of the grand father of the vendor of the petitioner. The petitioner purchased the said property from the grand daughter of the original owner through a registered sale deed dtd. 10/7/2014 at Annexure-B. Thereafter, the petitioner submitted an application with the respondent - BBMP to register the katha in his favour in respect of the said property. The respondent - BBMP issued an endorsement dtd. 4/5/2019 rejecting the application submitted by the petitioner stating that the matter is civil in nature and directed the petitioner to approach the Civil Court. Taking exception of the same this petition is filed.

(2.) Learned counsel for the petitioner submits that in the absence of any dispute between the petitioner and the BBMP or any third person, the impugned endorsement issued by the respondent - BBMP is contrary to Sec. 114 of the Karnataka Municipal Corporation Act, 1976 (for short the 'Act').

(3.) On the other hand, learned counsel for the respondent - BBMP submits that the matter is civil in nature and the respondent - BBMP has rightly issued the impugned endorsement and the same does not warrant any interference.