IN TI HIGH CJRT OF KARNATAKA AT BANGALE DATED THIS FE 23RD DAY FEBRUARY 1998 BEF 0 R Tt HON’BLE MR. JUSTE CHANDRASHEKARAIAH TpSTITI0OS.3287994 TWEEN (iP.N372/4) 1. Sri K.Venkataswamy S/ late Sri Kunnappa, Maj , residing at No.3/3, Koamangala Road, Audugod i, Banga1are56O 030, (1Q312L2&) 2. Smt. Savit hrarnm W/o ri K.’ienkatasway, Major, residing at io.3!3, oramanga1a Road, Auagod i, Banlore C 050, Ry Sri R,3,Saaashzvappa, A’iv.) A !: The Commissior Corporation of the City of J,C,Road, Bangalore560 002. 2. The Asitant Revenue Officer $harthi Nagar division, Uorparation of the City of Bargaiore, Bangalore. •RESP0NDEvT (By Sri Ashok Haranahalli, Adv. —2— Th4se writ re titions are filed under articles 226 and 227 of £he Constitution of India with a prayer to quash the endorsement dt,5,7.94- issied by the r2 vlde Annexure ‘P. These writ petitions coming on for preliminary hearing in ‘B’ group this day the Court made the following:— ORDER The petitiorer in w.P,328 7 2/94 claims to be tre owner of the property No.3/3 (old No.5) situated at Koramanc’gala hoad, Audugodi, Bangalore—50 inder a registered sale deed dated 17,9,1393 executed cy one ri 1J;, Muniawamy. Th€ petitior in d.P. 5 281 5 /94 clair to be toe owner of the property bearing -o,5/5 situated at Koranangala Road, Audugodi, Bgalore—O under a registred saie deed d 4 ed 17,°,93 execut&d cy one ri .‘.i4ini— swami, he said fact is not dispited, nor t toe sale in favotr of the petiti ners tm kaha was in the name of trE ,endor of the petitioners. After the wrche the oetitoreis me applications to the Corpora tion to transfer the katha to their ne, On the as’ p licati a tPe corp ra on a ued ne dorseg t d ed .7.1994 a ting th toe app—i ations of t petitioness ...i3e zor transter of lcfla cannot be consiered on the groind th4 tne docuants relat ing to this prop.rty were all sent to the Lokayukta. the Corporation us a dia— ci zed tor what rtasoa these records were sent to the Lokayukta. .&herere, it is not known for wPiat reason the recoids rulating to the property of the ptLtioners wore sent to the toksyukta. Whenever en applicition is filed for tr rate of ntis and if there is no objection from any person xegarding trnsfer of chq, the Corporation is 4uty bound to get the records if they re not requsred by Lokmyukto qnd tea necessary steps to consider tre applieetaon for bifurcation ant taantftr of katha. 1 urin’ taese days tee £ tin is abs lately icc • aty for the owners of the property eathur to ne the loan or to develop the praprty. ?herefore, in dl seriousness the Corportion mist teke necessary reps to et tae records from Lokayukt it they he e sent tie accords to Toksyutta is thea 0 is compl4.nt relating tcakt t tee jrpcrty o the petition ri nd 4— thur,..atter to consider aM dispe of the sqme. 2. Accordingly, I pass the following order: drit petitions Sgc allowed. A direction is issu 0 á to the corporation to get the records from the Lotcayukts relsating to the property of tim peti’ionss is ihey are in 4... the dàU of the Lokayukta aid consider the requ.ot of the petitioners for birfurcat ion and transfer of ksha in aecoidance with 1w as e4sditaously as possible. Sd! JUDGE G/020598