- 1 - NC: 2025:KHC:6582 WP No. 26638 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 26638 OF 2017 (LB-BMP) BETWEEN: 1. MR. M. T. RAMAMURTHY AGED ABOUT 66 YEARS, S/O. LATE MR. M. THYAGARAJAN, R/AT NO.26, NISSAN HUTS, AUSTIN TOWN, BENGALURU-560 047. …PETITIONER (BY SRI. NARAYANA K., ADVOCATE) AND: 1. THE BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, MISSION ROAD, BENGALURU-560 002, (REPTD. BY ITS COMMISSIONER) 2. THE JOINT COMMISSIONER (EAST) BBMP., P.U. BUILDING, MAYOHALL, BENGALURU-560 001. 3. THE ASSISTANT REVENUE OFFICER BBMP SHANTHINAGAR SUB DIVISION, WARD NO. 111, AUSTIN TOWN, BANGALORE-560 047. …RESPONDENTS (BY SRI. H.DEVENDRAPPA., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, THEREBY DATED.26.8.2014 VIDE ANNEXURE-C FOR EFFECTING TRANSFER OF PROPERTY RIGHTS IN RESPECT OF THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6582 WP No. 26638 of 2017 MARGINAL LAND SITAUTED ADJACENT TO HIS PROPERTY PRESENTLY UNDER HIS OCCUPATION AND THEREBY SEEKING A WRIT OF MANDAMUS DIRECTING THE R-2 TO GIVE EFFECT TO THE DRAFT SALE DEED DATED.30.12.2014 VIDE ANNEXURE-D PREPARED BY THE RESPONDENTS IN RESPECT OF THE SAID MARGINAL LAND IN QUESTION AND PRESENT THE SAME FOR FINAL REGISTRATION BEFORE THE JURISDICTIONAL SUB-REGISTRAR, BANGALORE, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is to issue a direction to the respondents to transfer the property in respect of the marginal land situated adjacent to the petitioner’s property by giving effect to the draft sale deed dated 30.12.2014. 2. Learned counsel for the petitioner places on record an endorsement dated 26.09.2013, whereby the claim of the petitioner for selling of the marginal land to him has been refused. 3. It is noticed that a further endorsement dated 28.09.2016, is also placed on record, in which also the - 3 - NC: 2025:KHC:6582 WP No. 26638 of 2017 BBMP has stated that it would not be possible to consider transferring the marginal land to the petitioner. 4. In view of the said endorsements, it is obvious that the prayers in the writ petition will not survive for consideration. 5. The writ petition is, therefore dismissed. However, liberty is reserved to the petitioner to challenge the said endorsements, if he is so advised. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 49