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2025 DAILYLAW 46431 (KAR)

SMT. BHAGYARATNA v. THE COMMISSIONER

WP/18625/2023 · 2025-02-24

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:8735 WP No. 18625 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. 18625 OF 2023 (BDA) BETWEEN: SMT. BHAGYARATNA W/O DHANANJAIAH AGED ABOUT 49 YEARS, RESIDING AT NO.28, 5TH CROSS, NEHRU ROAD, MYSORE ROAD, NEW GUDDADAHALLI, BANGALORE - 560 026 …PETITIONER (BY SRI. GIRISH S, ADVOCATE) AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, 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 CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER TO THE RESPONDENT, DTD 04.07.2018 VIDE ANNEXURE-G AND ETC., 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 Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8735 WP No. 18625 of 2023 ORAL ORDER Petitioner is before this Court seeking issue of writ of mandamus to the respondent-BDA to consider the representation dated 04.07.2018 as per Annexure-G and for direction to execute deed of sale in favour of the petitioner in respect of the site No.105, Arakavathi Layout, Block No.IX. 2. Case of the petitioner is that respondent-BDA had allotted a site No.105, Arakavathi Layout, Block No.IX, as per allotment letter dated 24.06.2006. Respondent No.2 had executed a lease cum sale agreement dated 25.01.2008. Possession certificate was issued on 11.02.2008, Khata was issued on 19.05.2017. However, the respondent-BDA has failed to execute and register deed of sale in favour of the petitioner in respect of the aforesaid site. The petitioner made representation on 04.07.2018 as per Annexure-G. However, no action has been taken. Hence, the petition seeking the above relief. 3. Counsel for the respondent -BDA submit given some time, case of the petitioner would be considered in accordance with law. - 3 - NC: 2025:KHC:8735 WP No. 18625 of 2023 4. Hence, following; ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the representation on 04.07.2018 as per Annexure-G of the petition and after giving an opportunity of personal hearing to the petitioner and thereafter 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 RL List No.: 2 Sl No.: 181