THE BANGALORE DEVELOPMENT AUTHORITY v. SRI R SADANANDA
WA/954/2021 · 2025-02-05
Anu Sivaraman, Vijaykumar A Patil
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26941 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26941 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5133-DB W.A. No.954/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.954/2021 (BDA) BETWEEN:
1.
THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST BENGALURU - 560001 REPRESENTED BY ITS COMMISSIONER.
2.
UNDER SECRETARY-3 BANGALORE DEVELOPMENT AUTHORITY KUMARAPARK WEST BANGALORE-560001. …APPELLANTS (BY SMT. LATHA S.S. ADV., FOR SRI. MURUGESH V. CHARATI, ADV.,)
AND:
SRI. R. SADANANDA S/O B. RAJANNA AGED ABOUT 38 YEARS R/AT. NO.1297/A
"MANJUNATHA NILAYA" 1A CROSS, HAL 3RD STAGE NEW THIPPASANDRA BENGALURU - 560075. …RESPONDENT (BY SRI. K.M. SOMASHEKAR, ADV.,)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED
Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:5133-DB W.A. No.954/2021
27.11.2020 PASSED BY THE HON'BLE LEARNED SINGLE JUDGE IN W.P. NO.33185/2017 (BDA) AND ALLOW THE WRIT APPEAL BY DISMISSING THE WRIT PETITION.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
It is submitted by the learned counsel appearing for the respondent that the direction issued by the learned Single Judge was to the appellants herein to execute the registered sale deed in respect of the subject site No.661 situated at Block VIII of Arkavathi Layout, Bengaluru, in favour of the writ petitioner - respondent herein. It is submitted that during the pendency of the appeal, an offer was made by the appellants-BDA that the writ petitioner - respondent herein will be allotted with alternate site in Nadaprabhu Kempegowda Layout. It is submitted by the
learned counsel for the respondent that the respondent is ready and willing to accept the alternate site which is
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NC: 2025:KHC:5133-DB W.A. No.954/2021
offered to him in the Nadaprabhu Kempegowda Layout and that the appellants may be directed to execute the sale deed at the earliest since the period of the lease cum sale agreement has already expired.
2.
Learned counsel appearing for the appellants- BDA submits that an alternate site will be allotted to the respondent in the Nadaprabhu Kempegowda Layout. The said submission had been recorded by this Court by its
order dated 22.08.2022.
3. Having considered the contentions advanced and in view of the submission made by learned counsel for the appellants that the appellants-BDA is ready and willing to allot an alternate site to the writ petitioner - respondent herein in the Nadaprabhu Kempegowda Layout as recorded by this Court by order dated 22.08.2022, this writ appeal is disposed of recording the submissions made by the learned counsel appearing for the appellants- BDA as well as learned counsel for the respondent. It is
directed that the alternate site as offered and as recorded
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NC: 2025:KHC:5133-DB W.A. No.954/2021
by this Court in the order dated 22.08.2022 be allotted by the appellants-BDA to the respondent herein. The BDA shall also take required necessary further steps for conveying of the property to the respondent herein by executing necessary documents within a period of two months from today.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (VIJAYKUMAR A. PATIL) JUDGE
BSR List No.: 1 Sl No.: 6