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2025 DAILYLAW 42145 (KAR)

DR.A SINGARACHARI v. THE COMMISSIONER

WP/21744/2025 · 2025-12-01

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49751 WP No. 21744 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 21744 OF 2025 (BDA) BETWEEN: DR.A SINGARACHARI, S/O LATE A. RAMANUJA CHARYULU, AGED ABOUT 89 YEARS R/AT NO.701/12-87-405, A BLOCK, STERLING PARK APARTMENT, SANJEEVINI NAGAR, KODIGEHALLI MAIN ROAD, BENGALURU- 560 092. …PETITIONER (BY SRI. VIJAYAKUMAR R., ADVOCATE) AND: 1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, STATUTORY AUTHORITY, HAVING OFFICE A BDA OFFICES, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGLURU-560 020. 2. DEPUTY SECRETART III, BANGALORE DEVELOPMENT AUTHORITY, STATUTORY AUTHORITY HAVING OFFICE AT, BDA OFFICES, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. …RESPONDENTS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49751 WP No. 21744 of 2025 (BY SRI. AJAY KUMAR M., ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO FORTHWITH EXECUTE AND REGISTER AN ABSOLUTE SALE DEED IN FAVOUR OF THE PETITIONER IN RESPECT OF AND IN RELATION TO THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking a writ of mandamus directing the respondents to execute and register an absolute sale deed in favour of the petitioner in respect of the site bearing No.637, Survey No.*38, XIX Block, Challakere Village, Arkavathy Layout measuring East-West 9 meters and North-South 12 meters, totally measuring 108 square metres (for short 'the schedule property'). 2. Heard the learned counsel for the petitioner and learned counsel for the respondents. *Corrected vide chamber Order dated 09.01.2026 - 3 - HC-KAR NC: 2025:KHC:49751 WP No. 21744 of 2025 3. Learned counsel for the petitioner submits that the petitioner was allotted the aforesaid schedule property under an allotment letter dated 24.06.2006 (Annexure-A). Pursuant thereto, a lease-cum-sale agreement was executed on 12.12.2014, possession certificate was issued and khahta has been transferred in the name of the petitioner. Despite completion of all formalities, when the petitioner sought for execution of an absolute sale deed, the respondents have issued an endorsement dated 30.12.2023 (Annexure-K) stating that WA.No.1272/2021 arising out of WP.N.16851/2015 was pending adjudication, hence his request for execution of register sale deed could not be considered. 4. Learned counsel for the respondent-BDA fairly submits that the said writ appeal has been disposed of on 31.07.2025. 5. The said submission is placed on record. - 4 - HC-KAR NC: 2025:KHC:49751 WP No. 21744 of 2025 6. A perusal of the impugned endorsement indicates that the sole reason for refusal to execute the sale deed was pendency of the WA.No.1272/2021. 7. In view of the admitted fact that the writ appeal has already been disposed of and considering that the petitioner is an allottee of the BDA, a lease-cum-sale agreement was executed in his favour as early as in the year 2014 and there is no subsisting legal impediment that this Court finds no jurisdiction for the respondent-BDA to withhold execution of the absolute sale deed subject to compliance with requisite formalities. Accordingly, the following: ORDER i) The writ petition is allowed. ii) The respondents are directed to execute and register an absolute sale deed in favour of the petitioner in respect of the site bearing - 5 - HC-KAR NC: 2025:KHC:49751 WP No. 21744 of 2025 No.637, Survey No.*38, XIX Block, Challakere Village, Arkavathy Layout, after following the requisite formalities in accordance with law, within a period of eight(8) weeks from the date of receipt of a certified copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 1 *Corrected vide chamber Order dated 09.01.2026