Case Note & Summary
The High Court of Karnataka heard a batch of eight writ petitions filed under Articles 226 and 227 of the Constitution of India. The petitioners in all the petitions claimed to be owners in possession of residential plots situated in a layout formed by REMCO (BHEL) Co-operative Housing Society in the year 1992. They had been issued notices by the Bruhat Bengaluru Mahanagara Palike (BBMP) or its officers, including the Assistant Executive Engineer, Kengeri Sub Division. The notices were dated either 04/09/2017 or 18/03/2017 and bore specific identification numbers. The petitioners contended that they had valid title documents such as allotment letters, possession certificates, registered sale deeds, katha certificates, and tax paid receipts. Aggrieved by the notices, which presumably alleged some violation or irregularity, the petitioners approached the High Court seeking writs of certiorari to quash the impugned notices and all further proceedings. The matters were clubbed together, heard on various dates, and reserved for orders on 23/11/2023. The court pronounced its order on 04/01/2024. The judgment text provided includes only the initial part of the order listing the parties, reliefs sought, and a brief factual narration. The court's reasoning, arguments advanced by the parties, identification of legal issues, and the final decision are not contained in the available excerpt. Therefore, the substantive legal analysis and ultimate outcome remain unknown.
Issue of Consideration
Case Details
2024 LawText (KAR) (01) 43
W.P. No. 55716 of 2017 c/w W.P. Nos. 20546 of 2017, 47122 of 2017, 47406 of 2017, 48000 of 2017, 55717 of 2017, 55718 of 2017, 55719 of 2017
Manian K B S, Saravana S, Vivek B N, Amit Deshpande, Chaitravathi B S, Rakshitha D J, Sharath S Gowda, Pawan Kumar, H Devendrappa, Venkatesh S Arbatti
M. Chand Rakumar (in W.P. 55716/2017) and other petitioners in connected petitions
The Commissioner, Bruhat Bengaluru Mahanagara Palike and Assistant Executive Engineer, Kengeri Sub Division, BBMP
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Nature of Litigation
Challenge by petitioners to notices/orders issued by Bruhat Bengaluru Mahanagara Palike (BBMP) authorities concerning their residential plots.
Remedy Sought
Quashing of the impugned notices and further proceedings thereon.
Filing Reason
The petitioners claim ownership and possession of residential plots formed by REMCO (BHEL) Co-operative Housing Society in 1992; the BBMP issued the impugned notices for unstated reasons, leading the petitioners to seek judicial intervention.
Judgment Excerpts
The petitioners claim to be the owners and in possession of their respective residential plots formed by REMCO (BHEL) Co-operative Housing Society in the year 1992.
Each of the above petitioners have produced their respective allotment letter, possession certificate issued by the Society, copy of the sale deed registered with the Sub-Registrar, katha certificate and tax paid receipt issued by the local...
Procedural History
The writ petitions were filed under Articles 226 and 227 of the Constitution of India, challenging various notices dated 04/09/2017 and 18/03/2017 issued by the BBMP. They were heard together and reserved for orders on 23/11/2023, and the order was pronounced on 04/01/2024.
Acts & Sections
- Constitution of India: Articles 226, 227
