- 1 - NC: 2025:KHC:10970 WP No. 2352 of 2023 C/W WP No. 6157 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2352 OF 2023 (CS-RES) C/W WRIT PETITION NO. 6157 OF 2022 (CS-RES) IN WP No. 2352/2023 BETWEEN: SRI MUNISWAMY A S/O LATE ANJINAPPA AGED 68 YEARS, R/AT NO.40, 2ND CROSS, GUNDAPPA LAYOUT, GOTTIGERE, B.G.ROAD, BENGALURU-560 083. …PETITIONER (BY SRI. NANJA REDDY P N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS JOINT REGISTRAR OF CO OPERATIVE SOCIETIES, BENGALURU REGION, 146, 3RD MAIN ROAD, 8TH CROSS, MARGOSA ROAD, MALLESWARAM, BENGALURU-560 003. 2. BENGALURU DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, T.CHOWDAIAH ROAD, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10970 WP No. 2352 of 2023 C/W WP No. 6157 of 2022 BENGALURU-560 020. 3. NGEF EMPLOYEES AND EMPLOYEES HOUSE BUILDING CO OPERATIVE SOCIETY LIMITED, REPRESENTED BY ITS SECRETARY, NO.215, 1ST FLOOR, LINK ROAD, SESHADRIPURAM, BENGALURU-560 020. …RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1; SRI. K. KRISHNA., ADVOCATE FOR R2; SRI. T.S. VENKATESH., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECT THE R-1 AND 2 TO DIRECT THE R-3 SOCIETY TO IMPLEMENT THE ORDERS PASSED BY THE R-1 VIDE ANNX-E BEARING NO.JRB/MD/36/2016-17 DTD 9.4.21 BY DELIVERING THE PHYSICAL POSSESSION OF THE SITE NO.377A ALLOTTED AT MALLATHAHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK IN TERMS OF THE ALLOTMENT LETTER/SALE DEED EXECUTED BY THE R-3 SOCIETY AND TRANSFER AND EFFECT KHATHA IN FAVOUR OF THE PETITIONER VIDE ANNX-A SALE DEED DTD 28.4.2000 AND ANNEXURE-B POSSESSION CERTIFICATE DTD 3.3.2000 AND ANNEXURE-C IS ALLOTMENT LETTER DTD 13.3.2000 AND ETC. IN WP NO. 6157/2022 BETWEEN: SHRI G K THAMMAIAH S/O LATE G P KALAPPA, AGED ABOUT 70 YEARS, R/AT NO.133, KRISHNANAGAR, CHIKKADEVASANDRA, K R PURAM, BENGALURU-560036 ...PETITIONER (BY SRI. NANJA REDDY P N.,ADVOCATE) AND: - 3 - NC: 2025:KHC:10970 WP No. 2352 of 2023 C/W WP No. 6157 of 2022 1. THE STATE OF KARNATAKA REPRESENTED BY ITS JOINT REGISTRAR OF CO OPERATIVE SOCEITIES, BENGALURU REGION, 146, 3RD MAIN ROAD, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM,. BENGALURU-560003 2. BENGALURU DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, T CHOWDAIAH ROAD, BENGALURU-560020 3. NGEF EMPLOYEES AND EMPLOYEES HOUSE BUILDING CO OPERATIVE SOCIETY LIMITED REPRESENTED BY ITS SECRETARY, NO.215, 1ST FLOOR, LINK ROAD, SESHADRIPURAM, BENGALURU-560020 ...RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1; SRI. K. KRISHNA., ADVOCATE FOR R2; SRI. K.P. BHUVAN., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WIRT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECT THE R-1 AND 2 TO DIRECT THE R-3 SOCIETY TO IMPLEMENT THE ORDERS PASSED BY THE R-1 AT ANNX-D BY DELIVERING THE PHYSICAL POSSESSION OF THE SITE NO.211A ALLOTTED AT MALLATHAHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK IN TERMS OF THE ALLOTMENT LETTER / SALE DEED EXECUTED BY THE R-3 SOCIETY AND TRANSFER AND EFFECT KHATHA IN FAVOUR OF THE PETITIONER AS PER ANNX-A TO D DTD 13.3.2000, 3.3.2000, 3.4.2000, 25.10.2021 AND ETC. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:10970 WP No. 2352 of 2023 C/W WP No. 6157 of 2022 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner in W.P.No.2352 of 2023 is before this Court seeking for the following reliefs: a. Issue a writ of mandamus or any other appropriate writ, order or direction, direct the respondents 1 and 2 to direct the R3 society to implement the orders passed by the R1 at Annexure-E vide bearing No. JRD/MD/36/2016-17 dated 9.4.21 by delivering the physical possession of the site No.377A allotted at Mallathahalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk in terms of the allotment letter/Sale Deed executed by the R3 Society and transfer and effect khatha in favour of the petitioner as per Annexure-A sale deed dated 28.4.2000 and Annexure-B possession certificate Dated 3.3.2000 and Annexure-C is allotment letter dated 13.3.2000. b. Direct the contesting respondents to pay the costs of these proceedings and grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice. 2. The petitioner in W.P.No. 6157 of 2022 is before this Court seeking for the following reliefs: a. Issue a writ of mandamus or any other appropriate writ, order or direction, direct the respondents 1 and 2 to direct the R3 society to implement the orders passed by the R1 at Annexure-D by delivering the physical possession of the site No.211A allotted at Mallathahalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk in terms of the allotment letter/Sale Deed executed by the R3 Society and transfer and effect khatha in favour of the petitioner as per Annexure-A to D dated 13.3.2000, 3.3.2000, 3.4.2000, 25.10.2001 b. Direct the contesting respondents to pay the costs of these proceedings and grant such other relief or reliefs as this - 5 - NC: 2025:KHC:10970 WP No. 2352 of 2023 C/W WP No. 6157 of 2022 Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice. 3. Essentially, what the petitioners seek for is enforcement of the orders passed by Respondent No.1-Joint Registrar of Cooperative Societies in terms of the award passed in both the matters. 4. There being certain disputes as regarding the existence of sites in the said layout, it would be required for the petitioners to place necessary details thereof and agitate their grievance in the alternative efficacious remedy which is available to the petitioners in terms of execution proceedings in the above petitions. 5. Above Petitions are disposed of in terms of the above. SD/- (SURAJ GOVINDARAJ) JUDGE LN, List No.: 1 Sl No.: 66