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2025 DAILYLAW 45700 (KAR)

MRS UDAYAKUMARI JOSEPH v. THE BENGALURU DEVELOPMENT AUTHORTIY

WP/5239/2023 · 2025-02-24

M G S Kamal

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Judgment text

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- 1 - NC: 2025:KHC:8717 WP No. 5239 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. 5239 OF 2023 (BDA) BETWEEN: MRS UDAYAKUMARI JOSEPH WIFE OF MARIES JOSEPH AGED ABOUT 66 YEARS, PRESENTLY RESIDING AT C/O KRISHNA, NO 2585, 11TH MAIN,C BLOCK, RAJAJINAGAR 2ND STAGE BENGALURU - 560 010. …PETITIONER (BY SRI. SOMASHEKARA K M.,ADVOCATE) AND: 1. THE BENGALURU DEVELOPMENT AUTHORTIY T CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU - 560 020 REPT BY ITS COMMISSIONER. 2. DEPUTY SECRETARY - 2 THE BENGALURU DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU - 560 020. …RESPONDENTS (BY SRI. KARTHIKEYAN B S.,ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8717 WP No. 5239 of 2023 DIRECT THE RESPONDENTS TO EXECUTE THE SALE DEED IN RESPECT OF SITE BEARING NO. 2345, MEASURING 7.62 X 12.9 METERS, IN ALL 92.89 SQUARE METERS SITUATED AT KUMARASWAMY LAYOUT, II STAGE, BENGALURU, IN TERMS OF THE REPRESENTATIONS DTD 08/08/1986, 10/04/1991, 27/11/1992, 27/04/1995, 19/12/2003, 27/11/2012, 24/07/2014 AND 09/01/2023 VIDE ANNEXURE-F TO N RESPECTIVELY. 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 is before this Court seeking issue of writ of mandamus directing the respondent -BDA to execute sale deed in respect of site bearing No.2345 measuring 7.62 meters X 12.9 meters in all measuring 92.89 square meters situated at Kumaraswamy Layout, 2nd stage, Bengaluru in terms of the representations dated 08.08.1986, 10.04.1991, 27.11.1992, 27.04.1995, 19.12.2003, 27.11.2012, 24.07.2014 and 09.01.2023 vide Annexures-F to N respectively. 2. Case of the petitioner is that she belonged to economically weaker section. Pursuant to her application and declaration the respondent -BDA had allotted the aforesaid site in terms of a letter of allotment dated 08.02.1985. She - 3 - NC: 2025:KHC:8717 WP No. 5239 of 2023 complied with all the conditions including depositing the entire sital value within the stipulated period. That respondent -BDA had issued letter dated 04.08.1986 informing that lease-cum- sale agreement would be executed after verification of credits by the Financial Assistant. Petitioner made representations on 08.08.1986, 10.04.1991, 27.11.1992, 27.04.1995, 19.12.2003, 27.11.2012, 24.07.2014 and 09.01.2023 vide Annexures-F to N respectively. However, there has been no action by the respondent -BDA till date. Hence, the petition. 3. Counsel for the respondent -BDA submit given some time and on petitioner satisfying all requirements of the respondent-BDA, case of the petitioner would be considered in accordance with law. 4. Submission is taken on record. 5. Hence, the following; ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the representations dated 08.08.1986, 10.04.1991, - 4 - NC: 2025:KHC:8717 WP No. 5239 of 2023 27.11.1992, 27.04.1995, 19.12.2003, 27.11.2012, 24.07.2014 and 09.01.2023 vide Annexures-F to N respectively of the petitioner after giving an opportunity of personal hearing and 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 RU List No.: 2 Sl No.: 58