- 1 - NC: 2025:KHC:8721 WP No. 4448 of 2024 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. 4448 OF 2024 (BDA) BETWEEN: 1. 1(a) 1(b) SRINIVASA SINCE DEAD BY LRS MRS. PREMAKUMARI L AGED ABOUT 58 YEARS W/O LATE SRINIVASA MR. HARSHA S. AGED ABOUT 34 YEARS S/O LATE SRINIVASA BOTH ARE RESIDING AT NO J-71 ANJANEYA BLOCK, 3RD CROSS PIPE LINE, SHESHADRIPURAM, BANGALORE 560020 …PETITIONERS (BY SRI. VISHNUMURTHY.,ADVOCATE) AND: BANGALORE DEVELOPMENT AUTHORITY HAVING ITS OFFICE AT KUMARA PARK WEST, BANGALORE - 560 020 REPRESENTED BY ITS COMMISSIONER. …RESPONDENT (BY SRI. MURUGESH V CHARATI.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER AS PER ANNEXURE-Q VIDE DTD 26.10.2023 FOR REGISTRATION OF Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8721 WP No. 4448 of 2024 THE SALE DEED IN RESPECT OF SITE BEARING NO. 467, SITUATED AT ARKAVATHI LAYOUT, 18TH BLOCK, BYRATHI KANE, BANGALORE, MEASURING EAST TO WEST 18 METERS AND NORTH TO SOUTH 12 METERS, BOUNDED ON EAST- SITE NO. 485,WEST - ROAD, NORTH - SITE NO. 468 AND SOUTH BY SITE NO. 466. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner since deceased by his LRs are before this Court seeking issue of writ of mandamus to the respondents to consider the representation made by the petitioner dated 26.10.2023 as per Annexure-Q for execution and registration of deed of sale in respect of site bearing No.467, situated at Arkavathi Layout, 18th Block, Byrathi Khane, Bangalore as described in the schedule to the petition. 2. Case of the petitioner is that originally he was allotted the aforesaid site No.169 situated at 5th Block, Arkavathi Layout, Bangalore measuring East to West 18 meters, North to South 12 meters, in terms of letter of allotment produced at Annexure-B. That a lease-cum-sale agreement was executed on 07.07.2006 and possession was delivered. Thereafter respondent had allotted petition schedule - 3 - NC: 2025:KHC:8721 WP No. 4448 of 2024 site bearing No.467 in terms of letter of allotment dated 10.04.2014 and the petitioner was called upon for cancellation of earlier lease-cum-sale agreement in respect of site No.169. Accordingly petitioner executed cancellation deed as per Annexure-E. Thereafter respondent executed a lease-cum-sale agreement dated 13.08.2015 in respect of petition schedule site and delivered the possession vide possession certificate dated 14.08.2015. Khatha has been changed. Petitioner approached the respondent for execution of deed of sale by filing representations dated 09.12.2016 and 06.10.2017 since the same were not considered petitioner had filed writ petition in W.P.No.6568/2020 which was disposed of directing the respondents to consider the said representations within three months. The petitioner had approached the respondent-BDA thereafter again making representation on 15.12.2021. In the meanwhile pursuant to the orders of the larger Bench of this Court Hon'ble Justice Sri.K.N.Keshavanarayana Committee was constituted. The said committee after perusing the representation of the petitioner vide order/recommendation dated 18.08.2023 had directed the respondent-BDA to execute the deed of sale within 60 days from the date of the report. - 4 - NC: 2025:KHC:8721 WP No. 4448 of 2024 Petitioner yet again approached the respondent-BDA by making representation on 26.10.2023. That despite these many orders and directions by this Court and the Hon'ble Justice Sri.K.N.Keshavanarayana Committee the respondent-BDA have not taken any decision. Hence, the petition. 3. Petitioner has passed away during the pendency of the petition now being represented by his legal representatives. 4. Learned counsel for the respondent -BDA submit given some time, case of the petitioner would be reconsidered in accordance with law. 5. Hence, following; ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the representation of the petitioner dated 26.10.2023 as per Annexure-Q. If the petitioner now represented by his Lrs are found eligible appropriate orders shall be passed in accordance with law. - 5 - NC: 2025:KHC:8721 WP No. 4448 of 2024 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.: 64