SRI MUNILAKSHMAIAH v. BANGALORE DEVELOPMENT AUTHORITY
WP/17601/2024 · 2025-02-24
M G S Kamal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46337 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46337 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8688 WP No. 17601 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. 17601 OF 2024 (BDA) BETWEEN:
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SRI MUNILAKSHMAIAH SINCE DECEASED BY HIS LEGAL REPRESENTATIVE
SRI. M. MANJUNATH, S/O. MUNILAKSHMAIAH, AGED ABOUT 54 YEARS, RESIDING AT PIPELINE ROAD, NEAR MANJUNATH KALYANA MANTAPA, TALAGHATTAPURA POST, UTTARAHALLI HOBLI, BANGALORE-560 062. …PETITIONER (BY SRI. NANDISH PATIL, ADVOCATE) AND:
1.
BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020. …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 EXECUTE THE SALE DEEDS OF THE SITES BEARING NO.2431 AND 2432 IN FAVOUR OF THE PETITIONER AND ETC.,
Digitally signed by ROOPA R U Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8688 WP No. 17601 of 2024
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 respondent -BDA to execute sale deeds in respect of site bearing Nos. 2431 and 2432 in favour of the petitioner and for further direction to consider his representation dated 17.03.2022 as per Annexures-G and G1.
2. It appears father of the petitioner namely one Munilakshmaiah had been allotted five incentive sites bearing Nos.2419, 2420, 2421, 2431 and 2432 situated at 6th Stage, 3rd Block, Banashankari, Bengaluru. Father of the petitioner was directed to deposit a sum of Rs.9,86,660/- towards each of the allotment, which was called in question by filing a writ petition in W.P.No.45209-45210/2015 and W.P.No.50508- 50510/2015 which was allowed by order dated 04.12.2015. Pursuant to which the amount was re-calculated and respondent -BDA raised demand for Rs.88,660/- which was paid. Accordingly three deeds of sale in respect of site nos.
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NC: 2025:KHC:8688 WP No. 17601 of 2024
2419, 2420 and 2421 were executed on 15.04.2016. However, sale deeds in respect of site Nos. 2431 and 2432 have not been executed. The father of the petitioner passed away in the year
2019. Petitioner was not aware of the aforesaid transactions. Accordingly, he approached respondent -BDA by filing a representation dated 17.03.2022 as per Annexure-G and G1 and seeking execution of the deeds of sale in respect of the said sites. However there has been no action on the part of respondent -BDA even after lapse of 8 years of deposit of the amount as demanded by the respondent -BDA. Hence, the petition.
3. Counsel for the respondent -BDA submit given some time and on petitioner satisfying all the 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.
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NC: 2025:KHC:8688 WP No. 17601 of 2024
2. The respondent-BDA shall consider the representation dated 17.03.2022 produced at Annexures-G and G1 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.: 218