Case Note & Summary
The petitioner, Sharmada B K, a practicing dentist, along with her parents, purchased site No.31 carved out of Sy.No.123 and 131 (old No.71) in Kathriguppe Village, Bengaluru, on 18.01.2013. Subsequently, a registered release deed dated 30/8/2021 was executed in her favor. The petitioner applied to the Bruhat Bengaluru Mahanagara Palike (BBMP) to transfer the khata in her name. However, the 2nd respondent, Assistant Revenue Officer, issued an endorsement dated 28/1/2023 (Annexure-J) refusing the transfer. The petitioner then filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari to quash the endorsement and a writ of mandamus directing the respondents to bring the khata in conformity with the release deed as per Section 149 of the BBMP Act. The court, after considering the submissions, found that the BBMP had no valid reason to deny the khata transfer based on the registered release deed. The court quashed the impugned endorsement and directed the respondents to process the khata transfer in accordance with law, giving effect to the release deed. The judgment emphasizes that a registered document carries presumptive validity and municipal authorities cannot refuse to act upon it without proper legal grounds.
Headnote
A) Property Law - Khata Transfer - Release Deed - Section 149 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 - The petitioner sought quashing of an endorsement dated 28/1/2023 refusing khata transfer and a mandamus to bring khata in conformity with a registered release deed dated 30/8/2021. The court held that the BBMP must give effect to the registered release deed and cannot refuse khata transfer based on objections from third parties without proper adjudication. (Paras 1-3) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - The court exercised its writ jurisdiction to quash the impugned endorsement and direct the respondents to act in accordance with Section 149 of the BBMP Act, emphasizing that the remedy of writ is available when a statutory authority fails to perform its duty. (Paras 1-2)
Issue of Consideration
Whether the BBMP can refuse to transfer khata based on an endorsement that disregards a registered release deed, and whether the petitioner is entitled to have the khata brought in conformity with the release deed under Section 149 of the BBMP Act.
Final Decision
The court allowed the writ petition, quashed the endorsement dated 28/1/2023, and directed the respondents to bring the khata in conformity with the registered release deed dated 30/8/2021 in accordance with Section 149 of the BBMP Act.
Law Points
- Khata transfer
- Release deed
- Section 149 BBMP Act
- Writ of certiorari
- Writ of mandamus
- Property rights
- Municipal endorsement
