- 1 - NC: 2025:KHC:5812 WP No. 2681 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2681 OF 2025 (CS-RES) BETWEEN: MR MANJU A, S/O R. ASHOK KUMAR, AGED ABOUT 39 YEARS, RESIDING AT NO. 34/35, 2ND CROSS, 14TH MAIN, NEAR CHANDRA LAYOUT, WATER TANK, AGROMOR LAYOUT, BENGALURU - 560 040. …PETITIONER (BY SRI. GIRISH KUMAR B M., ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK, BENGALURU - 560 020. REPRESENTED BY ITS COMMISSIONER. 2. THE AIRCRAFT EMPLOYEES CO-OPERATIVE SOCIETY LTD, A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, SITUATED AT NO. 15, 1ST C CROSS, 3RD FLOOR, C.K.C GARDEN, OPP B.I.O HOSPITAL K.H. ROAD (DOUBLE ROAD) BENGALURU - 560 027. REPRESENTED BY ITS SECRETARY. …RESPONDENTS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5812 WP No. 2681 of 2025 (BY SRI.K.KRISHNA., ADVOCATE FOR R-1; SRI.NISHANTH A.V., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT DATED 27.06.2024 BEARING NO.A.E.H.B.C.S/1041 VIDE ANNEXURE-D ISSUED BY THE 2ND RESPONDENT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Petitioner seeks to quash the endorsement dated 27.06.2024 at Annexure-D issued by the 2nd respondent and writ of mandamus directing the 2nd respondent to effect necessary rectification deed in the sale deed dated 21.03.2014 vide Annexure-B executed in favour of the petitioner. 2. Learned Counsels on both sides submit that the issue involved in the present writ petition is squarely covered and resolved by the Co-Ordinate Bench of this Court in the case of Muralikrishna S.N S/o Naga Reddy v/s The Air Craft Employees House Building co- - 3 - NC: 2025:KHC:5812 WP No. 2681 of 2025 operative Society Ltd., and others1 (Muralikrishna S.N.) and similar matters alike as per Annexures - E to K. The Co-Ordinate Bench of this Court in Muralikrishna S.N's case has held at para No.3 as under:- “The interim order passed in W.P.No.50216- 50218/2012 dated 08.02.2013 does not bar the 2nd respondent Society from rectifying the boundaries of the sites already allotted and sold by it to its members. The order bars the 2nd respondent from executing an instrument of conveyance, alienation or crating encumbrance on its properties. Therefore, the 2nd respondent is not justified in rejecting the request of the petitioner for executing a deed of rectification of boundaries of the site sold by it to the petitioner. Therefore, the endorsement at Annexure-K is hereby quashed and the 2nd respondent is permitted to execute the deed of the rectification in respect of the aforesaid site in favour of the petitioner in accordance with law. Writ petition is disposed of accordingly. No costs.” 1 WP No.18329/2016 DD 04.11.2016 - 4 - NC: 2025:KHC:5812 WP No. 2681 of 2025 3. Similar endorsement having been quashed by the Co-Ordinate Benches as stated supra, petitioner would also be entitled to similar relief and the present writ petition needs to be disposed of in said terms, hence this Court pass the following: ORDER i. The writ petition is allowed. ii. The impugned endorsement issued by the 2nd respondent at Annexure -D dated 27.06.2024 is hereby quashed. iii. The 2nd respondent is directed to execute the deed of rectification in respect of the petition property i.e., site No.419/B in 'C' block measuring to an extent of 1200 Sq.ft in favour of the petitioner in accordance with law. Sd/- (JUSTICE K.S. HEMALEKHA) KVR List No.: 1 Sl No.: 5