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2025 DAILYLAW 24127 (KAR)

SRI.HANUMANTHA v. BANGALORE DEVELOPMENT AUTHORITY

WP/13139/2025 · 2025-06-26

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22533 WP No. 13139 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 13139 OF 2025 (BDA) BETWEEN: SRI HANUMANTHA, S/O LATE BHEEMAPPA, AGED ABOUT 52 YEARS, R/AT NO.473, 6TH MAIN ROAD, 10TH CROSS, ‘B’ BLOCK, JANAKIRAMA LAYOUT, LINGARAJAPURA, BENGALURU - 560 084. …PETITIONER (BY SRI P.H.VIRUPAKSHAIAH, ADVOCATE) AND: BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, BENGALURU - 560 020, REPRESENTED BY ITS COMMISSIONER. …RESPONDENT (BY SRI VASANTHA, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS OR ORDER OR DIRECTION IN THE SIMILAR NATURE DIRECTING THE RESPONDENT AUTHORITY TO CONSIDER THE REPRESENTATIONS DATED 11.08.2022 VIDE ANNEXURE-F AND 07.11.2024 VIDE ANNEXURE-H AND PASS APPROPRIATE ORDERS FOR EXECUTION OF SALE DEED AND EFFECTING KATHA IN FAVOUR OF THE PETITIONER IN RESPECT OF THE SITE NO.473, 'B' BLOCK, LINGARAJAPURAM, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22533 WP No. 13139 of 2025 BANGALORE MEASURING EAST TO WEST 20 FEET, NORTH TO SOUTH 15 FEET EXPEDITIOUSLY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "(a) Issue Writ in the nature of Mandamus or Order or Direction in the similar nature directing the respondent authority to consider the representations dated 11.08.2022 vide Annexure-F and 07.11.2024 vide Annexure-H and pass appropriate orders for execution of sale deed and effecting katha in favour of the petitioner in respect of the Site No.473, 'B' Block, Lingarajapuram, Bangalore measuring East to West: 20 feet and North to South: 15 feet expeditiously; (b) Grant such other relief or relief's as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity." 2. Heard Sri.P.H.Virupakshaiah, learned counsel appearing for the petitioner and Sri.Vasantha, learned counsel appearing for the respondent and having perused the material on record. - 3 - HC-KAR NC: 2025:KHC:22533 WP No. 13139 of 2025 3. The brother of the petitioner is said to be allotted a site measuring 20 feet x 15 feet in Lingarajapuram. All statutory documents are said to be in favour of brother of the petitioner. The brother of the petitioner dies. He had remained unmarried and therefore, the petitioner files an application seeking execution of the sale deed in terms of the allotment made. The execution of the sale deed does not happen on the score that the petitioner's son has registered a claim that his father is no more and therefore, the allotment should be made in his favour. 4. Learned counsel for the petitioner submits that the petitioner is alive and therefore, the claim that is made by Sri.Nagaraj who is not the son of petitioner, is causing impediment. Learned counsel would further submit that he would submit all the original documents that are in his possession to enable execution of the sale deed. 5. Learned counsel for the respondent-BDA submits that if all the documents are in place to the satisfaction of the - 4 - HC-KAR NC: 2025:KHC:22533 WP No. 13139 of 2025 BDA, the sale deed would be executed redressing the grievance of the petitioner. 6. In that light, I deem it appropriate to dispose the petition directing the respondent-BDA to consider the representation of the petitioner and redress the grievance qua execution of the sale deed bearing in mind the observations made in the course of the order, within an outer limit of four months from the date of receipt of copy of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 75 CT:SS