SMT ANNIE RAPPAI v. THE BANGALORE DEVELOPMENT AUTHORITY
WP/23763/2021 · 2025-02-24
M G S Kamal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46015 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46015 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8723 WP No. 23763 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 23763 OF 2021 (BDA) BETWEEN:
SMT ANNIE RAPPAI AGED ABOUT 72 YEARS W/O LATE N U RAPPAI RESIDING AT NO.20 BINNAMAGALA HUTTING COLONY INDIRANAGAR BENGALURU-560 020. …PETITIONER (BY SRI. PRAVEEN KUMAR K N.,ADVOCATE) AND:
1.
THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T CHOWDAIAH ROAD K P WEST, BENGALURU-560 020.
2.
REVENUE OFFICER EAST DIVISION BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD K P WEST, BENGALURU-560 020.
3.
THE ASSISTANT REVENUE OFFICER WEST ZONE BBMP MALLESHWARAM, BENGALURU-560 020.
4.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT
Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8723 WP No. 23763 of 2021
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BENGALURU-560 001. …RESPONDENTS (BY SRI. SURAJ PATIL.,ADVOCATE FOR R1 & R2;
R3 SERVED, SMT. B. SUKANYA BALIGA, AGA FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AUTHORITY TO ISSUE NECESSARY TITLE DEED IN RESPECT OF SUBJECT PROPERTY I.E., PROPERTY BEARING NO.20, BINNAMANGALA HOUSING COLONY, INDIRANAGAR, BENGALURU (PID NO 82-27-20) ARD NO.82, HOYSALANAGAR, INDIRANAGAR AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Petitioner is before this Court seeking issue of writ of mandamus to the respondents to issue necessary title deed in respect of site bearing No.20, Bennamangal Housing Colony, Indiranagar, Bengaluru.
2. Case of the petitioner is that she is the wife and one of the legal heirs of one N.U. Rappai. That the erstwhile City Improvement Trust Board had allotted aforesaid site in favour of said N.U. Rappai in terms of memo dated 20.10.1975, khata was issued in the name of original allottee. The said original
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NC: 2025:KHC:8723 WP No. 23763 of 2021
allottee passed away on 10.10.2012, leaving behind the petitioner and their two sons who were the only legal heirs. Two sons of the petitioner have given their no objection for transfer of khata in favour of petitioner. Thus the petitioner made a representation dated 08.03.2017 requesting the respondent-BDA to transfer the khata and also to execute title deed in her favour, which has not been considered. Respondent No.1 issued a note on 06.04.2017 to respondent No.2 for conducting of mahazar and other requirements for the purpose of transfer of khata, till date no action has been taken. Hence, the petition.
3. Counsel for the respondent -BDA submit given some time, case of the petitioner would be considered in accordance with law.
4. Hence, following;
ORDER
1. Petition is disposed of.
2. The respondent-BDA shall consider the representation dated 08.03.2017 as per Annexure-L of the petition and after giving an opportunity of
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NC: 2025:KHC:8723 WP No. 23763 of 2021
personal hearing to the petitioner and thereafter if the petitioner is found eligible appropriate orders shall be passed in accordance with law.
3. Such orders shall be passed within an outer limit of four (4) months from the date of receipt of certified copy of this order.
Sd/- (M.G.S. KAMAL) JUDGE
RL List No.: 2 Sl No.: 132