- 1 - HC-KAR NC: 2025:KHC:29578 WP No. 22429 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 22429 OF 2024 (CS-RES) BETWEEN: SHIVAYOGI N S/O NIJALINGAPPA AGED ABOUT 60 YEARS, RESIDING AT NO.17, 3RD CROSS, NEW COLONY, NEAR VENKATESHWARA THEATRE, MYSORE ROAD, AVALAHALLI, BENGALURU - 560 026 …PETITIONER (BY SRI. H.S. SANTHOSH, ADVOCATE) AND: THE EXECUTIVE DIRECTOR, VISHWABHARATHI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 OFFICE AT NO.35, RATNAVILASA ROAD, BASAVANAGUDI, BENGALURU - 560 004. …RESPONDENT (BY SRI. KIRAN KUMAR V. SAMBRANI, ADVOCATE) VIDE ORDER DATED 04.04.2025, SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS AGAINST THE RESPONDENT TO CONSIDER Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29578 WP No. 22429 of 2024 THE REPRESENTATION OF THE PETITIONER DATED 25.10.2023 FOR EXECUTION OF THE ABSOLUTE SALE DEED AND CONSEQUENT DOCUMENTS IN RESPECT OF THE SITE BEARING NO.1004/D, MEASURING 40' X 60' IN III PHASE OF THE VISHWABHARATHI HOUSING COMPLEX LAYOUT, GIRINAGAR, BANGALORE VIDE ANNEXURE-P. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to the respondent to consider his representation dated 25.10.2023 for execution of a deed of absolute sale in his favour in respect of the site bearing No.1004/D measuring 40 feet x 60 feet in III Phase of the Vishwabharathi Housing Complex Layout, Girinagar, Bangalore. 2. It appears that the petitioner, who is a member of the respondent – Society was allotted a site and that despite such allotment, the Society had not concluded the allotment by executing a deed of absolute sale. In that regard, the petitioner had filed a representation before the respondent - Society on - 3 - HC-KAR NC: 2025:KHC:29578 WP No. 22429 of 2024 25.10.2023. The petitioner claims that the said representation is not considered and therefore, he is before this Court. 3. The respondent is not a State or an instrumentality of the State as defined under Article 12 of the Constitution of India. There is no element of public interest involved in the petition necessitating direction to the respondent to execute sale deed in his favour warranting exercise of the power under Article 226 of the Constitution of India. Accordingly, the petition is dismissed. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 60