- 1 - NC: 2025:KHC:11133 WP No. 6926 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 6926 OF 2025 (BDA) BETWEEN: SMT. P. MANGALA, W/O SRI. P. PRABHAKAR UPADHAY, AGED ABOUT 60 YEARS, R/A NO. 13/14, JAWAHARLAL STREET, SESHADRIPURAM, BANGALORE NORTH, BANGALORE - 560 020. …PETITIONER (BY SRI. SHARAN P. SABARAD, ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020. 2. DEPUTY SECRETARY - 3 BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020. …RESPONDENTS (BY SRI. B.S. SACHIN, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11133 WP No. 6926 of 2025 25.10.2023 AS PER ANNX-K AND THE REPRESENTATION DATED 13.01.2025 AS PER ANNX-T AND TO EXECUTE THE ABSOLUTE SALE DEED IN FAVOUR OF THE PETITIONER IN RESPECT OF THE SITE BEARING NO. 737 MEASURING 50X80 FEET(15.25X24.40) MTS SITUATED AT 11TH BLOCK NAGARBHAVI II STAGE LAYOUT BENGALURU FORTHWITH. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The grievance of the petitioner is that the respondent- Bangalore Development Authority is not executing the sale deed in favour of the petitioner, although site No.737 of Nagarbhavi II Stage, 11th block, was allotted to the petitioner and a lease-cum-sale agreement was executed in favour of the petitioner on 27.11.1993. 2. Learned counsel for the petitioner submits that during the year 1994, when the petitioner sought financial assistance from the Hotel Industrialists Co-operative Bank Limited for putting up construction of the building and the bank sought for a sale deed, a conditional sale deed was also - 3 - NC: 2025:KHC:11133 WP No. 6926 of 2025 executed in favour of the petitioner on 21.01.1994. Thereafter, the petitioner put up the construction and sought for execution of an absolute sale deed, by giving a representation on 25.10.2023. Nevertheless, till date, the absolute sale deed is not executed by the respondent-BDA. Today, learned counsel for the petitioner has filed a memo along with a copy of communication dated 27.02.2025 issued by the 2nd respondent-Deputy Secretary-3, BDA, calling upon the petitioner to furnish the encumbrance certificates commencing from 01.04.1994 and to furnish other details regarding payment made by the petitioner. 3. Learned counsel for the petitioner would further submit that insofar as the payment of the sale consideration, even in the conditional sale deed, it is clearly stated that the petitioner has paid all the money towards the sale consideration and nothing was pending even while the execution of the conditional sale deed. Further, it is pointed out from Annexure-M that the Member, Finance, BDA has furnished information regarding the full payment made at the hands of the petitioner. - 4 - NC: 2025:KHC:11133 WP No. 6926 of 2025 4. Accepting the submission of learned counsel for the petitioner, the writ petition stands disposed of with a specific direction to the respondents and more particularly the 2nd respondent-Deputy Secretary-3, BDA, to consider the representations given by the petitioner and verify from the encumbrance certificates that will be produced by the petitioner that the petitioner has not disposed of the property, thereafter, execute the absolute sale deed as expeditiously as possible and at any rate within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is also directed to furnish the encumbrance certificates as sought for in the communication dated 27.02.2025 within a period of two weeks from today. Sd/- (R DEVDAS) JUDGE rv CT: BHK