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2025 DAILYLAW 46027 (KAR)

M. JAGANNATH ALVA v. THE COMMISSIONER

WP/561/2024 · 2025-02-24

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:8675 WP No. 561 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. 561 OF 2024 (BDA) BETWEEN: 1. M. JAGANNATH ALVA S/O LATE SANKAPPA ALVA, AGED ABOUT 66 YEARS, FLAT NO. 2212, SOBHA INDRAPRASTHA, GOPALAPURA, BENGALURU-560 023. …PETITIONER (BY SRI. VAIBHAV ALVA. M, ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BENGALURU-560 020. 2. THE SECRETARY BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BENGALURU-560 020. 3. THE ASSISTANT COMMISSIONER R AND R SECTION, BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BENGALURU-560 020. …RESPONDENTS (BY SRI. MURUGESH V CHARATI, ADVOCATE) Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8675 WP No. 561 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXECUTE THE DEED OF ABSOLUTE SALE OR ANY OTHER DEED OF RE-CONVEYANCE PERFECTING HIS TITLE IN RESPECT OF THE SCHEDULE PROPERTY IN FURTHERANCE OF HIS REPRESENTATIONS DTD. 20.06.2022 AND 22.07.2022 WHICH ARE PRODUCED AT ANNEXURES-J AND K RESPECTIVELY. 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 directing the respondents-BDA to execute sale deed or any other re-conveyance perfecting his title in respect of his residential property bearing No.106 with PID No.70-70-106, situated at 4th Cross, Akkithimmanahalli Layout, Shanthi Nagar, Bangalore-560027 as described in the schedule to the writ petition. 2. Case of the petitioner is that the erstwhile City Improvement Trust Board had formed a layout in the land bearing Sy.No.49/2 of Akkithimmanahalli Village, Shanthi Nagar, Bangalore. The petition schedule property is one of the sites forming part of the said layout which was allotted in - 3 - NC: 2025:KHC:8675 WP No. 561 of 2024 favour of one S.Kumara Chandra Babu. That re-conveyance has been executed in his favour on 08.05.1972. Possession certificate has been issued on 08.08.1972. The said allottee had sold the petition schedule property to one Smt. P.O.Celine on 01.10.1979. The respondents-BDA had thereafter executed transfer agreement in her favour on 02.04.1981. The said P.O.Celine had sold the petition schedule property to one S.Venkatakrishnaiah on 06.01.1982. Respondent -BDA had executed transfer agreement in his favour on 24.05.1982. The said S.Venkatakrishnaiah had constructed a residential building obtaining as per the plan issued from the BBMP. Petitioner has purchased the plaint schedule property from said S.Venkatakrishnaiah in terms of deed of sale dated 26.02.2001. The petitioner had approached respondents-BDA seeking execution of deed of re-conveyance in favour of the petitioner and had made a representations dated 20.6.2022 and 22.7.2022 as per Annexures-J and K. Since there is no action taken in this regard the petitioner has approached this Court. 3. Counsel for the respondents-BDA submit given some time and on petitioner satisfying all requirements of the - 4 - NC: 2025:KHC:8675 WP No. 561 of 2024 respondents-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 respondents-BDA shall consider the representations dated 20.6.2022 and 22.07.2022 produced at Annexures -J and K 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.: 193