No Order Of Restraint Operating Against Him: Karnataka HC While Directing Corporation To Register ‘Khata’ In Favour Of Purchaser
The Karnataka High Court has directed the Additional Commissioner, Bruhath Bengaluru Mahanagara Palike (BBMP) to register ‘khata’ in favour of the purchaser of property in pursuance of a sale deed on account that no order of restraint was operating against him.
The Court was dealing with a writ petition filed by the petitioner praying to quash the endorsement issued by the respondents and sought direction to BBMP for considering the petition filed by him for accepting the khata in his name in respect of the land.
A Single Bench of Justice Hemant Chandangoudar ordered, “… the petitioner claims to have acquired the title over the subject property by virtue of the registered sale deed and the respondent – BBMP is under an obligation to effect the name of the petitioner in the property tax register as specified under Section 149(3) of the BBMP Act since there is no order of restraint operating against the petitioner. … Respondent No.3 is hereby directed to register the khata in favour of petitioner in respect of the subject property in pursuance of registered sale deed dated 06.09.2005 executed in his favour subject to petitioner satisfying other requirements of law.”
Advocate Thyagaraja B. represented the petitioner while AGA R. Srinivasa Gowda and Advocate Mohan Kumar represented the respondents.
Brief Facts -
The land was the subject matter of the writ petition and the subject property was conveyed to the petitioner by registered sale deed executed by three persons. Thereafter, the petitioner got the subject property converted for residential purposes under Section 95 of the Karnataka Land Revenue Act and submitted an application to the respondent-BBMP to register khata in respect of the subject property.
The respondent-BBMP issued endorsement rejecting the application submitted by the petitioner stating that the dispute was pending consideration in respect of the subject property in pleas, against which, the petition was filed.
The High Court after hearing the contentions of the counsel said, “… the impugned endorsement issued by respondent-BBMP is contrary to Section 149 of the BBMP Act, 2020 and the same is not sustainable.”
The Court, therefore, directed the respondent to register khata in favour of the petitioner saying that the said exercise shall be completed within a period of eight weeks. It further said that the khata to be registered in favour of petitioner shall be subject to the outcome of proceedings pending in respect of the subject property.
Accordingly, the High Court allowed the writ petition and quashed the endorsement issued by the respondent.
Cause Title- K. Narayanaswamy v. The Principal Secretary Department of Revenue & Ors.
