- 1 - NC: 2025:KHC:8631 WP No. 8984 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 8984 OF 2018 (BDA) BETWEEN: DR NAZEER AHMED S/O MOHAMMED YUSUFF SINCE DEAD BY LR'S 1(a) SMT. SAAKIR UNNISA W/O LATE DR. NAZEER AHMED AGED ABOUT 72 YEARS 1(b) ASLAM PASHA S/O LATE DR. NAZEER AHMED AGED ABOUT 54 YEARS 1(c) FAHEEM UNNISA D/O LATE DR. NAZEER AHMED AGED ABOUT 51 YEARS 1(d) SMT. MUBEEN UNNISA D/O LATE DR. NAZEER AHMED AGED ABOUT 50 YEARS ALL ARE LR'S OF PETITIONERS, LATE DR. NAZEER AHMED R/AT NO.80, NEW NO. 18, RANGANATHA COLONY, 2ND CROSS, CHAMARAJ PET, MAIN ROAD, JJR NAGAR BENGALURU-560 018. …PETITIONERS (BY SRI. M RAJAKUMAR, ADVOCATE FOR R1(a) TO P(d)) Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8631 WP No. 8984 of 2018 AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST EXTENSION SANKEY ROAD BENGALURU-560 020. 2. SMT. SAROJINI W/O SRI. KAMALAKAR R., NAIK AGED ABOUT 50 YEARS R/AT NO.1455, 12TH CROSS 14TH MAIN, CHANDRA LAYOUT 1ST STAGE, 11 PHASE BENGALURU - 560 072. …RESPONDENTS (BY SRI. N.R. GIRISH, ADVOCATE FOR R1; SRI. Y.V., PARTHASARATHY, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER HIS REPRESENTATION DATED 23.11.2015 [ANNEXURE-E] AND EXECUTE A SALE DEED IN FAVOUR OF THE PETITIONER IN RESPECT OF SITE NO.1455, MEASURING EAST TO WEST 9.14 METERS AND NORTH TO SOUTH 7.62 METERS, FORMED IN CHANDRA LAYOUT, 1ST STAGE, 2ND PHASE, BENGALURU AND COMPLETE ALL OTHER FORMALITIES REGARDING THE SAID SITE TO TRANSFER TITLE OF THE SAID SITE IN FAVOUR OF PETITIONER. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 3 - NC: 2025:KHC:8631 WP No. 8984 of 2018 ORAL ORDER Petitioner, since deceased by LRs, who was the original allottee of a site bearing No.1455 measuring East to West 9.14 meters and North to South 7.62 meters, situated at Chandra layout, I Stage, II Phase, Bengaluru, and in whose favour respondent-BDA had executed registered lease-cum-sale agreement dated 16.07.1984 is before this Court seeking direction to the respondent-BDA to consider the representation dated 23.11.2015 and to execute the sale deed in favour of the petitioners. 2. Private Respondent No.2 has impleaded herself into this petition claiming to have obtained a deed of sale from the original allottee represented by a power of attorney who is none than her husband. 3. Learned counsel for the petitioners refutes the claim made by private respondent No.2 of she having obtained the sale deed. He submits that when in the first instance the original allottee himself has not obtained the sale deed from the respondent-BDA, the question of petitioner executing the sale deed in favour of the private respondent No.2 would not - 4 - NC: 2025:KHC:8631 WP No. 8984 of 2018 arise. Secondly he submits the husband of the private respondent No.2 was a tenant under the petitioner-allottee in respect of the premises belonging to the petitioner-allottee and taking advantage of he being a tenant had fabricated the documents and created alleged power of attorney and has thus executed sale deed in favour of his wife the private respondent No.2, which in any case is void ab initio. He submit when respondent-BDA itself has not executed the sale deed, title has not vested with the petitioner-allottee. In the circumstances the claim made by the private respondent is untenable he insists. 4. On a query made by this Court learned counsel for respondent-BDA submits that the sale deed has not been executed in favour of the petitioner-allottee till date. 5. In that view of the matter keeping open the contentions of the private respondent No.2 to be urged in an appropriate proceedings if so advised, Petition is disposed of directing the respondent-BDA to consider the representation and to execute the sale deed in favour of legal representatives of deceased petitioner -Dr.Nazeer Ahmed, within outer limit of - 5 - NC: 2025:KHC:8631 WP No. 8984 of 2018 eight weeks from the date of receipt of certified copy of this order in accordance with law. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 2 Sl No.: 48