SMT. SHEELA SUNDARESHAN V. COMMISSIONER

WP/10278/2014

AI Insights

The case involves a dispute where the petitioners, having acquired plots through registered sale deeds from the Mysore I.T. Employees House Building Co-operative Society Ltd., sought to effect khata in their favor. However, their applications were rejected by the Mysore Urban Development Authority (MUDA) on grounds that the Correct Dimension Report was withdrawn due to discrepancies in plot measurements. The petitioners challenged this decision, arguing that they were not given notice before the withdrawal of the report, which they claimed violated principles of natural justice. The court found that the withdrawal of the report without notice to the petitioners was indeed a violation of natural justice, leading to the quashing of the impugned endorsements and directing a re-evaluation of the petitioners' applications.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 726725 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 07-01-2022
• Assessment Year: misc
• Laws Referred To: Articles 226 and 227 of the Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: T P VIVEKANANDA; MAHESH B
• Assessee Lawyers: M R KUMAR
• Keywords: Natural Justice; Withdrawal; Writ petition; Khata; Correct Dimension Report

Judgement Text

"IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF JANUARY, 2022 BEFORE THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.10278 OF 2014 (LB-RES) BETWEEN: 1. SMT. SHEELA SUNDARESHAN, W/O SUNDARESHAN, AGED ABOUT 47 YEARS, RESIDING AT NO.49, 1ST FLOOR, EAST MARG, SIDDARTHA LAYOUT, MYSORE-570 013. 2. N. LOKESH, S/O LATE H. NARAYANA, AGED ABOUT 44 YEARS, RESIDING AT NO.530, 14TH CROSS, 2ND STAGE, SRIRAMAPURA, MYSORE-570 023. 3. R. RANGANATHAN, S/O LATE P.RANGANATH SHETTY, AGED ABOUT 46 YEARS, RESIDING AT NO.51, 3RD CROSS, 3RD MAIN, RCE LAYOUT, BOGADI 2ND STAGE, CHAMARAJA MOHALLA, MYSORE-570 011 ... PETITIONERS (BY SRI M.R.VIJAYA KUMAR, ADVOCATE) 2 AND: 1. COMMISSIONER, MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI RANI LAKSHMI BAI ROAD, MYSORE-570 006. 2. SUPERINTENDENT ENGINEER, MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI RANI LAKSHMI BAI ROAD, MYSORE-570 006. 3. SPECIAL TAHASILDAR, MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI RANI LAKSHMI BAI ROAD, MYSORE-570 006. 4. THE MYSORE I.T.EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., SITUATED AT NO.55/1, STERLING THEATRE ROAD, V.V.NAGAR, MYSORE-570 008. REP BY ITS SECRETARY. ... RESPONDENTS (BY SRI T.P. VIVEKANANDA, ADVOCATE FOR R1 TO R3; SRI. MAHESH. B, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 28TH JULY, 2012 WITHDRAWING THE CD REPORT AT ANNEXURE-J ISSUED BY RESPONDENT NO.2 AS NULL AND VOID; AND ETC. THIS WRIT PETITION COMING ON FOR HEARING IN “B” GROUP THIS DAY, THE COURT MADE THE FOLLOWING: 3 O R D E R Pursuant to the Correct Dimension Report issued by the Income Tax Employees' House Building Co-operative Society Ltd., Mysore (for short hereinafter referred to as \"Society\") certified by respondents 1 to 3, the plots in question were allotted in favour of the petitioners and thereafter, registered sale deeds were executed in their favour by respondent No.4- Society. The petitioners submitted applications with the respondent Nos. 1 to 3 to effect the khata in their favour in respect of plots in question. The said applications came to be rejected by respondents 1 to 3 stating that the Correct Dimension Report has been withdrawn and as such, the said request for effecting khata in their favour cannot be granted. Hence, this Writ petition. 2. Learned counsel for petitioners submits that, before rejecting the applications, petitioners were not issued with any notice and the respondents are under an obligation to effect khata, in view of the registered sale deed executed in their favour by respondent No.4-Society. 4 3. On the other hand, learned counsel for respondents 1 to 3 would submit that, the Correct Dimension Report has been withdrawn for the reason that there is a discrepancy in total measurement of plots in the Layout formed by respondent No.4-Society. Hence, he submits that the petitioners are not entitled for grant of khata in their favour. 4. I have considered, the submission made by the learned counsel for the parties. 5. Perusal of the impugned communication discloses that the only reason assigned by respondents 1 to 3 is that the Correct Dimension Report is withdrawn and there are discrepancies in the measurement of plots in the layout formed by respondent No.4-Society. Petitioners, having acquired right, title and interest over the plots in question by virtue of registered sale deed in their favour, were required to be issued with notices before withdrawing Correct Dimension Report. However, the respondent authority, without issuing notice to the petitioners, have withdrawn the said report, which is in violation of principles of natural justice. Hence, the 5 impugned communications issued by respondent No.3 at Annexure M1 to M3 are not sustainable under the law. Accordingly, I pass the following: O R D E R i) Writ petition is allowed; ii) Impugned endorsements dated 05.02.2014 issued by respondent No.3 at Annexure M1 to M3 are quashed; iii) Endorsement dated 28.07.2012 issued by respondent No.2 at Annexure-J is quashed; iv) Respondents 1 to 3 are directed to reconsider the application submitted by petitioners for issuance of khata in their favour and pass appropriate order in accordance with law after inviting objections from the petitioners and respondent No.4-Society; v) The said exercise shall be completed within three months from the date of receipt of certified copy of this order; vi) All the contentions are kept open; vii) In view of the disposal of the Writ petition, IA.I of 2018 does not survive consideration. Sd/- JUDGE ARK "