- 1 - NC: 2025:KHC:13789 WP No. 16015 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16015 OF 2024 (LB-RES) BETWEEN: 1. KAVERI CHARITABLE TRUST (R) A PUBLIC CHARITABLE TRUST NO. 7, NARAYANA SHASTRY ROAD, MYSORE-570 024, REPRESENTED BY ITS SECRETARY, SRI. MSK NARAHARI BABU AGED ABOUT 76 YEARS, S/O. LATE M. S. KRISHNA MURTHY. … PETITIONER (BY SRI. RAVISHANKAR A., ADVOCATE) AND: 1. THE COMMISSIONER MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE-570 005. 2. REGIONAL OFFICER-4 THE MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE-570 005. … RESPONDENTS (BY SRI. VIVEKANANDA T P., ADVOCATE FOR R1) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13789 WP No. 16015 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS TO CONVEY AND HANDOVER POSSESSION OF THE SCHEDULE PROPERTY TO THE PETITIONER AS PER THEIR RESOLUTION NO.MY:NA:PRA:YOJ:SABE:1:08-09 DTD 28.01.2009 AND AS PER THEIR DEMAND LETTER AT ANENXURE-C AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for issuance of writ in the nature of mandamus to direct the respondents to hand over possession of the property described in the schedule in terms of the resolution dated 01.06.2009 and in terms of the notice at Annexure-C dated 28.01.2009 wherein the demand has been made. 2. Learned counsel for the answering respondent i.e., MUDA has filed a memo which reads as hereunder: "The Respondents respectfully submits as follows: 1. The petitioner has filed the above writ petition seeking direction to this Respondent to hand over possession of area measuring 2880 Sq.mtrs - 3 - NC: 2025:KHC:13789 WP No. 16015 of 2024 situated between CA site No. 18 and 19, Vijayanagar 2nd Stage, Mysore as per the resolution dated 22.11.2008. 2. It is the contention of the petitioner that pursuant to the resolution dated 22.11.2008 this respondent through communication dated 28.01.2009 had called upon the petitioner to pay a sum of Rs.8,64,000/- towards the allotment of aforementioned marginal land, accordingly, the petitioner has deposited a sum of Rs. 8,64,000/- however, so far, neither possession is delivered nor any document is executed, therefore, the petitioner has filed the above writ petition. 3. Upon receipt of the notice of the above writ petition a report has been called from the Engineering section. Accordingly, the Engineering Section with the assistance of surveyor has conducted inspection of the C.A Site no.18, C.A Site No.19 and the marginal land through deferential global positioning system(DGPS) and found the existence of 3904.36 Sq.mtrs of area as detailed on the enclosed sketch. 4. The said report is also discloses that the petitioner institution has constructed the compound covering 3578.80 Sq.mtrs. - 4 - NC: 2025:KHC:13789 WP No. 16015 of 2024 5. Taking note of the aforesaid circumstances so also the request of allottee of C.A site No.18 for allotment of marginal land between C.A site Nos. 18 & 19, the undersigned has been informed by the 1st respondent that all the aforesaid facts would be placed before the board and decision would be taken. The copy of the communication dated 06.03.2025 and the sketch are produced herewith for kind perusal of this Hon'ble Court. WHEREFORE, it is respectfully pray that this Hon'ble Court may be pleased to dispose of the above writ petition permitting this Respondent to place request of the petitioner and the impleading applicant before the board and take appropriate decision in order to give a quietus to the long pending issue, in the interest of justice and equity." 3. In light of the same, petition is disposed off observing that the respondents would place the request of the petitioner as also the impleading applicant before the Board which would take an appropriate decision. All contentions of the petitioner and also the impleading applicant before the Board are kept open. Necessary - 5 - NC: 2025:KHC:13789 WP No. 16015 of 2024 decision to be taken by the Board within a period not later than 4 months from the date of receipt of certified copy of this order. 4. As the request is by the petitioner for consideration of his request, question of granting any relief to the impleading applicant in the present proceedings does not arise and accordingly, I.A.1/2025 of the impleading applicant is disposed off as not calling for any further orders. 5. In light of the observations made above, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP