Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 46344 (KAR)

SMT V RAJESHWARI v. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY

WP/19209/2021 · 2025-02-24

M G S Kamal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:8705 WP No. 19209 of 2021 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. 19209 OF 2021 (BDA) BETWEEN: SMT. V. RAJESHWARI W/O. SRI. N KRISHNA, R/AT NO. 153, 18TH CROSS, 8TH MAIN, CHBS LAYOUT, VIJAYANAGAR, BENGALURU – 560 040. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) …PETITIONER (BY SRI. SIDDHARTH SUMAN, ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROD, K P WEST, BENGALURU - 560 020. 2. THE DEPUTY SECRETARY - IV BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROD, KP WEST, BENGALURU – 560 020. …RESPONDENTS (BY SRI. G.S. KANNUR SENIOR COUNSEL FOR SRI. MURUGESH V CHARATI, ADVOCATE FOR R1 AND R2 ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT THE RESPONDENTS TO FORTHWITH ALLOT AND Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8705 WP No. 19209 of 2021 EXECUTE AN ABSOLUTE REGISTERED SALE DEED IN RESPECT OF THE SCHEDULE B PROPERTY IN FAVOUR OF THE PETITIONER BY COLLECTING GUIDANCE VALUE FROM THE PETITIONER. 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 direction to the respondents to allot and execute an absolute registered sale deed in respect of the schedule 'B' property in favour of the petitioner by collecting guidance value. 2. Case of the petitioner is that respondent -BDA had allotted a site bearing No.122 at Mahalakshmipura Further Extension Layout totally measuring 4000 sq. ft as described in schedule 'A' to the writ petition in favour of one Baladev T., Pherwani and a deed of sale had been executed in his favour by respondent -BDA on 24.01.2007. Petitioner purchased the said property from the said allottee in terms of deed of sale dated 13.09.2007. That there is an additional piece of land within the boundaries of the schedule 'A' property measuring East to West 60 ft. North to South 80 ft. totally measuring 480 sq. ft. which - 3 - NC: 2025:KHC:8705 WP No. 19209 of 2021 is described in Schedule 'B' to the petition. Since the said additional extent of land is within the possession and enjoyment of the petitioner in order to regularize the occupation/possession of the petitioner over the Schedule 'B' property, petitioner made representations dated 17.06.2020 and 06.04.2021. Since there is no response by the respondent -BDA petitioner is before this Court. 3. Learned counsel for the respondent -BDA submits that given some time, case of the petitioner would be considered in accordance with law. 4. Hence, following; ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the representations dated 17.06.2020 and 06.04.2021 of the petitioner as per Annexure-G and J and after giving an opportunity of personal hearing to the petitioner and only if the petitioner is found eligible for consideration of her request, shall pass appropriate orders strictly in accordance with law. - 4 - NC: 2025:KHC:8705 WP No. 19209 of 2021 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.: 126