Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 51069 (KAR)

SRI.NARASIMHAIAH v. THE COMMISSIONER

WP/20856/2025 · 2025-09-16

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:36850 WP No. 20856 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20856 OF 2025 (BDA) BETWEEN: SRI NARASIMHAIAH S/O CHIKKARASAIAH, AGED ABOUT 65 YEARS RESIDING AT NO. 781, 4TH BLOCK, 9D9 GROUP EMPLOYEES LAYOUT, ANDRAHALLI MAIN ROAD, BENGALURU 3 560 091. &PETITIONER (BY SRI ROOPESHA B., ADVOCATE (VC)) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY 5TH MAIN ROAD, KUMARA PARK WEST, GUTTAHALLI, BENGALURU 3 560 020. 2. THE DEPUTY SECRETARY - 3 BANGALORE DEVELOPMENT AUTHORITY 5TH MAIN ROAD, KUMARA PARK WEST, GUTTAHALLI, BENGALURU 3 560 020. &RESPONDENTS (BY SRI M.AJAY KUMAR, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36850 WP No. 20856 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD. 24.02.2025 VIDE ANNEXURE-H AND FURTHER DIRECT THE RESPONDENTS TO EXECUTE ABSOLUTE SALE DEED IN FAVOUR OF THE PETITIONER IN RESPECT OF SITE NO. 180, MEASURING 9 X 12 METERS, SITUATED AT ARKAVATHI LAYOUT, BLOCK-II BENGALURU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking a direction to the respondents to consider his representation dated 24-02-2025 and also for a direction to execute sale deed in respect of the property in question in his favour. 2. Heard Sri Roopesha B, learned counsel appearing for petitioner and Sri M Ajay Kumar, learned counsel appearing for respondents. - 3 - HC-KAR NC: 2025:KHC:36850 WP No. 20856 of 2025 3. The petitioner submits an application for allotment of a site in Arkavathi layout. The respondents are, in consideration of seniority of the application, allotted a site to the petitioner. Pursuant to the allotment of the site, petitioner has also made payment as demanded by the BDA. A lease cum sale deed was executed by the BDA in favour of the petitioner after the receipt of the payment on 16-02-2008. The petitioner, after completion of 10 years of the lease cum sale agreement submits a representation on 04-06-2019 seeking execution of an absolute sale deed, in terms of the letter of allotment. The said representation has gone unheeded even as on date. Therefore, the petitioner is before this Court in the subject petition seeking the aforesaid prayer. 4. The afore-narrated facts are not in dispute. If it is not in dispute, it is ununderstandable as to how the BDA is dragging its feet for execution of a sale deed in furtherance of a lease cum sale deed, in terms of the order of allotment. In that light, mandamus is required to be issued to the BDA to consider the representation of the petitioner and take necessary action for the purpose for which the representation is submitted within - 4 - HC-KAR NC: 2025:KHC:36850 WP No. 20856 of 2025 a period of 8 weeks from the date of receipt of the copy of this order. Petition stands disposed accordingly. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 46