Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:48055 WP No. 6069 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.6069 OF 2023 (BDA)
BETWEEN:
SRI E. RAJENDRAN S/O LATE N. YELUMALAI AGED ABOUT 53 YEARS, R/AT NO.401, 2ND B CROSS, 3RD STAGE, 3RD BLOCK, BASAVESHWARANAGAR, BENGALURU-560079.
…PETITIONER
(BY SRI SUNDARESH H.C., ADVOCATE)
AND:
1.
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560020.
2.
THE DEPUTY SECRETARY-II, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560020.
3.
THE COMMISSIONER,
BBMP, N.R. SQUARE,
BENGALURU-02.
(AMENDMENT CARRIED OUT AS PER
THE ORDER DATED 20.03.2023)
…RESPONDENTS
(BY SRI B. VACHAN, ADVOCATE FOR R-1 & R-2;
SRI B.S. KARTHIKEYAN, ADVOCATE FOR R-3)
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:48055 WP No. 6069 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 29.12.2007 AND 16.12.2019 AS PER ANNEXURE-F AND G RESPECTIVELY FOR ISSUING POSSESSION CERTIFICATE AND KHATHA CERTIFICATE IN RESPECT OF SITE NO.1011 SITUATED AT 4TH T BLOCK. FURTHER EXTENSION OF BSK 6TH STAGE PURSUANT TO ALLOTMENT LETTER DATED 03.02.2004 AS PER ANNEXURE-A AND SALE DEED DATED 27.07.2006 AS PER ANNEXURE-D.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
The petitioner has approached this Court seeking a writ of mandamus directing the respondents to consider his representations dated 29.12.2007 (Annexure-F) and 16.12.2019 (Annexure-G) for issuance of possession and khata certificates in respect of site No.1011, measuring 20x30 feet situated at 4th T block, further extension BSK 6th stage layout, allotted to him under the allotment letter dated 03.02.2004 and covered by the sale deed dated
27.07.2006.
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HC-KAR NC: 2025:KHC:48055 WP No. 6069 of 2023
2. Heard the learned counsel for the petitioner and
learned counsel for the respondents.
3. Material on record discloses that the petitioner was allotted site in the year 2004, deposited the entire sital value, and the Bengaluru Development Authority (BDA) executed an absolute sale deed in his favour on
27.07.2006. The petitioner gave representations seeking issuance of possession and khata certificates. But his representations have remained unattended for several years. Non-consideration of the such representations after execution of an absolute sale deed, amounts to a failure to discharge statutory obligation.
4. The question as to whether the petitioner is entitled to possession and khata certificates is a matter to be examined by the respondent-authority upon verification of its records. However, the long inaction on the part of the respondents is not justified.
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HC-KAR NC: 2025:KHC:48055 WP No. 6069 of 2023
5. In the circumstances, this Court is of the considered opinion that ends of justice would be met if necessary directions are issued to the respondents to consider the petitioner's representations and pass appropriate orders. Accordingly, this Court pass the following:
ORDER i. The writ petition is disposed of. ii. Respondent No.1-Commissioner, Bengaluru Development Authority is directed to consider the petitioner's representations dated 29.12.2007 (Annexure-F) and 16.12.2019 (Annexure-G), afford an opportunity to the petitioner if required, and pass an appropriate reasoned order regarding the issuance of possession and khata certificates, within a period of eight weeks from the date of receipt of the certified copy of this order.
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HC-KAR NC: 2025:KHC:48055 WP No. 6069 of 2023
iii. It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- _____________________ JUSTICE K.S. HEMALEKHA
AT List No.: 2 Sl No.: 4