SRI. K M MANJUNATH v. BANGALORE DEVELOPMENT AUTHORITY
WP/26663/2023 · 2025-02-24
M G S Kamal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45426 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45426 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8738 WP No. 26663 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 26663 OF 2023 (BDA) BETWEEN:
SRI. K M MANJUNATH S/O K T MYLARAPPA AGED ABOUT 39 YEARS R/AT NO 938, KEERTHI NIVAS 1ST MAIN, 6TH A CROSS KENGERI SATELLITE TOWN BENGALURU - 560 060. …PETITIONER (BY SRI. GOVINDARAJU K.,ADVOCATE) AND:
1.
BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T CHOWDAIAH ROAD BANGALORE - 560 020 REP BY ITS COMMISSIONER.
2.
DEPUTY SECRETARY BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD BANGALORE - 560 020 (EARLIER CALLED AS CITY IMPROVEMENT TRUST BAORD, BANGALORE).
3.
POLICE DEPUTY SUPERINTENDENT STF AND VIGILENCE BANGALORE DEVELOPMENT AUTHORITY KUAMRA PARK WEST T CHOWDAIAH ROAD BENGALURU - 560 020.
Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8738 WP No. 26663 of 2023
4.
THE REVENUE INSPECTOR OFFICE OF REVENUE INSPECTOR WEST ZONE BANGALORE DEVELOPMENT AUTHORITY VIJAYANAGARA BANGALORE - 560 048. …RESPONDENTS (BY SRI. MURUGESH V. CHARATI .,ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER DATED 03/04/2018 AND EXECUTE THE REGISTERED SALE DEED/CONFIRMATION BY TRANSFERRING THE PROPERTY, ISSUE KATHA CERTIFICATE IN FAVOUR OF THE PETITIONER AS PER ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER Petitioner is before this Court seeking issue of writ of mandamus to the respondent No.2 to consider his representation dated 03.04.2018 as per Annexure-A to execute and register deed of sale/confirmation by transferring the site bearing No.1750 measuring East to West 50 feet North to South 30 feet situated at Kengeri Satellite Town, Bangalore City, as described in the schedule to the petition.
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NC: 2025:KHC:8738 WP No. 26663 of 2023
2. Case of the petitioner is that one Sri.Thimmappaiah G.A. had been allotted the aforesaid site as per allotment letter dated 29.01.1976. A lease cum sale agreement dated 18.07.1976 had been executed in his favour, possession was delivered as per possession certificate dated 06.10.1976. The said Sri.Thimmappaiah sold the said site in favour of the petitioner in terms of deed of sale dated 26.12.2017 and possession was delivered. Petitioner has put up sheds on the schedule property. That the vendor of the petitioner had not obtained deed of sale from the respondent-BDA after expiry of non-alienation period of 10 years as shown in the lease-cum- sale agreement. Therefore the petitioner made a representation on 03.04.2018. Pursuant thereof an inspection was conducted by respondent No.4 and mahazar was drawn. However, till date no action is taken by the respondent in considering the representation by executing the deed of sale or deed of confirmation as sought for. Hence, the petition.
3. Learned counsel for the respondent -BDA submit given some time, case of the petitioners would be considered in accordance with law.
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NC: 2025:KHC:8738 WP No. 26663 of 2023
4. Hence, following;
ORDER
1. Petition is disposed of.
2. The respondent-BDA shall consider the representation dated 03.04.2018 of the petitioner as per Annexure-A. If the petitioner is found eligible appropriate orders shall be passed in accordance with law.
3. Such orders shall be passed within an outer limit of four (4) months from the date of receipt of certified copy of this order.
SD/- (M.G.S. KAMAL) JUDGE
SBN List No.: 2 Sl No.: 187