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2025 DAILYLAW 39682 (KAR)

SRI NAGAPRASAD B C v. THE COMMISSIONER

WP/15522/2025 · 2025-09-02

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34247 WP No. 15522 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 15522 OF 2025 (BDA) BETWEEN: 1. SRI NAGAPRASAD B C S/O. LATE CHANDRASHEKAR B.C AGED ABOUT 41 YEARS, R/AT NO.44, NITHYOSTAVANILAYA, 1ST MAIN ROAD, RAMAIAH LAYOUT, NAGASANDRA, BENGALURU - 560 073. 2. SMT. PANKAJAKSHI P. W/O. LATE CHANDRASHEKAR AGED ABOUT 73 YEARS R/AT NO.44, NITYOSTHAVA NILAYA FIRST MAIN ROAD RAMAIAH LAYOUT NAGASANDRA BENGALURU - 560 007. 3. SMT. BHAVYARANI B.C. W/O. SANTHOSH M.S. AGED ABOUT 38 YEARS RESIDING AT NO.1481, 4TH MAIN 8TH CROSS ROAD, NAGENAHALLI CHECK POST Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34247 WP No. 15522 of 2025 T. NARASIPURA ROAD SARDHARVALLABAYIPATEL NAGAR POLICE LAYOUT, 2ND STAGE VTC MYSORE - 570 028. …PETITIONERS (BY SRI. MAHESHA P., ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY HEAD OFFICE AT 5TH MAIN ROAD, KUMARA PARK WEST, GUTTAHALLI, BENGALURU, KARNATAKA - 560 020 2. BENGALURU DEVELOPMENT AUTHORITY, REPRESENTED BY ITS ASSISTANT DIRECTOR HEAD OFFICE AT 5TH MAIN ROAD, KUMARA PARK WEST, GUTTAHALLI, BENGALURU, KARNATAKA - 560 020 …RESPONDENTS (BY SRI. B. VACHAN, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT, DIRECTING THE RESPONDENTS TO EXECUTE THE SALE DEED - 3 - HC-KAR NC: 2025:KHC:34247 WP No. 15522 of 2025 IN THE NAME OF THE PETITIONER WITH RESPECT TO THE SCHEDULE PROPERTY AWARD COST OF THE WP AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking the following prayer: "(i) A writ of mandamus or any other appropriate writ, order, or direction, directing the Respondents to execute the sale deed in the name of the Petitioners with respect to the Schedule Property. (ii) To pass any other suitable orders that this Hon'ble Court deems fit. (iii) Award cost of the writ petition as this Hon'ble Court may deem fit to grant in the circumstance of the case, in the interest of justice and equity." 2. Heard Sri. Mahesha P., learned counsel appearing for the petitioners, Sri. B. Vachan, learned counsel appearing for the respondents and have perused the material on record. 3. Owing to the prayer of the petitioners, this Court, on 15.07.2025, had passed the following order: - 4 - HC-KAR NC: 2025:KHC:34247 WP No. 15522 of 2025 "Petitioner is the son of one late Chandrashekar B.C.who was allotted a site in terms of the Bangalore Development Authority (Allotment of Sites) Rules, 1984 measuring 30 feet x 40 feet. The father after complying with all the statutory requirements of allotment, dies. The petitioner then knocks at the doors of BDA seeking registration of the sale deed on account of the allotment. The sale deed is not executed on generation of certain obfuscation. This Court directed inspection to be conducted in presence of the petitioner with regard to existence of the property or otherwise. The report indicates that the property is in existence. The submission of learned counsel now is that there are two other legal heirs of Sri.Chandrashekar B.C. who could be claimants. The learned counsel for the petitioner submits that they be permitted to be impleaded as petitioners in the peculiar facts of this case into these proceedings to avoid multiplicity of proceedings. In that light, the petitioner shall implead the sister and mother as party petitioners to these proceedings. List this matter on 22.07.2025." 4. The order infact captures the issue succinctly. 5. Learned counsel appearing for the respondents, Sri. B. Vachan, files his statement of objections, in which, the demand of certain documents are projected. The demand is as follows: "14. Without prejudice to the averments stated above, it is further submitted that the execution of the Sale Deed is subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:34247 WP No. 15522 of 2025 (a) that the Petitioners submit family tree certificate issued by the jurisidictional Tahsildar stating that the Petitioners are the only legal heirs of late B. C. Chandrashekar; (b) Payment of balance sale consideration if any; (c) Verification of original documents pertaining to the said site; (d) payment of other amount/s if any in accordance with law; (e) Compliance of other conditions if any in accordance with law." 6. Learned counsel appearing for the petitioners submits that all that is now sought for, would be handed over to the BDA within one week from the date of receipt of a copy of the order. 7. In the event the petitioners hand over all the documents and also complies with the balance sale consideration as is sought for, the BDA shall not brook any further delay and get the Sale Deed registered within an outer limit of eight (8) weeks from the compliance quoted supra. - 6 - HC-KAR NC: 2025:KHC:34247 WP No. 15522 of 2025 8. There is no reason to believe that the BDA would again drive the petitioners to this Court for the same cause of action. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 25