SMT T N ARUNDATI v. BENGALURU DEVELOPMENT AUTHORITY
WP/1596/2024 · 2025-02-24
M G S Kamal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46418 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46418 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8720 WP No. 1596 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.1596 OF 2024 (BDA) BETWEEN:
SMT T N ARUNDATI W/O LATE T N NANDAKUMAR, AGED ABOUT 80 YEARS, RESIDING AT NO.100, BHAGAVAN NILAYA, B T ROAD, TURUVEKERE, TUMKURU DISTRICT. …PETITIONER (BY SRI. KUMAR S J, ADVOCATE)
AND:
1.
BENGALURU DEVELOPMENT AUTHORITY K P WEST, T CHOWDAIAH ROAD, BENGALURU -560 020 REPT. BY ITS COMMISSIONER
2.
THE COMMISSIONER THE BANGALORE DEVELOPMENT AUTHORITY, K P WEST, T CHOWDAIAH ROAD, BENGALURU - 560 020 …RESPONDENTS (BY SRI K.KRISHNA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE RESPONDENTS TO CONVEY THE SITE NO.132, ARKAVATHI LAYOUT, BLOCK NO.,XVIII, MEASURING 9X12 METERS WHICH WAS ALLOTTED TO THE PETITIONER'S
Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8720 WP No. 1596 of 2024
HUSBAND MR T N NANDAKUMAR WITHIN TIME BOUND PERIOD.
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 respondents-BDA to convey site bearing No. 132, Arkavathi Layout, Block No. XVIII, measuring 9 meters X 12 meters which was allotted in favour of T.N. Nandakumar the husband of the petitioner and to consider the representation of the petitioner for conveying alternate site as per Annexure-K.
2. Case of the petitioner is that her husband T.N. Nandakumar had been allotted aforesaid site vide allotment letter dated
24.06.2006.
That the said T.N. Nandakumar passed away on 27.02.2011 leaving behind the petitioner and his daughter as his legal heirs who is succeed to his estate. Accordingly, the petitioner made a representation on 12.05.2013 seeking transfer of the said site in her name. The respondent No.1 had in turn issued a letter to the
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NC: 2025:KHC:8720 WP No. 1596 of 2024
Tahsildar, Turuvekere to verify the residence of the petitioner who had submitted the report. Thereupon the Under Secretary of the respondent-BDA issued transfer endorsement dated 20.09.2014 intimating the petitioner that the site allotted in favour of her husband has been transferred in her name subject to payment of Rs.500/- being the transfer charges which was duly paid by the petitioner. However, till date the respondent No.1 has not executed the deed of sale in favour of the petitioner in respect of the aforesaid site. On enquiry petitioner was informed by the respondent -BDA that the Government had directed for re-doing of the notification. Hence the same would take time for effecting of conveyance of the said site. Since there was no response thereafter petitioner made representation as per Annexure-K for no avail. Since there has been no action by the respondent -BDA in this regard, petitioner is before this Court.
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.
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NC: 2025:KHC:8720 WP No. 1596 of 2024
4. Submission is taken on record.
5. Hence, the following;
ORDER
1. Petition is disposed of.
2. The respondent-BDA shall consider the representation produced at Annexure -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.: 62