- 1 - HC-KAR NC: 2025:KHC:32633 WP No. 7549 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 7549 OF 2023 (CS-RES) BETWEEN: SRI. MATHEW P.M.THOMAS S/O P.M. THOMAS AGED ABOUT 54 YEARS R/AT GREENAGE, APTS, BIRCH A 504, BOMMANAHALLI BENGALURU-560068. …PETITIONER (BY SRI. CHETHAN CHANDRASHEKAR, ADVOCATE FOR SRI. K KISHAN DUTT, ADVOCATE) AND: 1. THE KARNATAKA TELECOM DEPARTMENT EMPLOYEES CO-OPERATIVE SOCIETY REP. BY ITS PRESIDENT MR. V.J.K. BHAKTHAVAKCHALAM OFFICE AT 1) NO 106, P AND T COLONY, 2ND BLOCK, R.T NAGAR, BENGALURU-560032 2) 706, CBI ROAD, HMT LAYOUT, BILAPPA GARDEN, GANGANAGAR, BENGALURU-560032 KARNATAKA (PHONE 080-23557788/23658877 EMAIL:INFO@KTDECOOPSOCI.COM) 2. THE REGISTRAR CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32633 WP No. 7549 of 2023 BANALORE-560052 (PER KARNATAKA SOCIETIES ACT, 1960) 3. D B ENTERPRISES BUILDERS AND PROMOTERS REPRESENTED BY DIRECTOR MR. MACHAGOUDANAHALLI SIDDARUDHA JOGIGOUDA A. NO.5, 7TH CROSS, JNANA JYOTHI NAGAR, OPPOSITE TO SRIRAMA LAYOUT, JNANA BHARATHI POST, MALLATHALLI, BANGALORE-560056. B. THIRD FLOOR, NEW 9, 11TH MAIN ROAD, ABOVE DOMINO'S PIZZA, 5TH BLOCK, JAYANAGARA, BENGALURU, KARNATAKA-560011. C. SAI ARCADE, NO. 93, 21ST MAIN, BANASHANKARI II STAGE, BANGALORE, KARNATAKA-560070. 4. RIGHT HORIZONS FINANCIAL SERVICES PVT. LTD REP BY ITS DIRECTOR MR. ANIL REGO NO. 6, GROUND FLOOR, ARAKERE VILLAGE, BEGUR HOBLI, BANNERGHATTA MAIN ROAD, OPP. BRITISH BIOLOGICALS, BANALORE-560076. …RESPONDENTS (BY SRI. LOKESHA D S., ADVOCATE AND SRI. RAMESH H E, ADVOCATE FOR R1; SRI. KHAMAROY KHAN, AGA FOR R2; SRI. KASHYAP N NAIK, ADVOCATE FOR R4; R3(A) SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE FIRST RESPONDENT, TO REGISTER THE RESIDENTIAL PLOT AT AYUSHMANBHAVA LAYOUT, - 3 - HC-KAR NC: 2025:KHC:32633 WP No. 7549 of 2023 BIDRAGUPE VILLAGE SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE IN THE NAME OF THE PETITIONER, AS PER ANNEXURES A, B, C, D AND E. 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 direction to the respondent No.1 to execute a deed of conveyance in respect of a residential plot at “Ayushmanbhava” layout, Bidraguppe Village, Sarjapura Hobli, Anekal Taluk, Bengaluru. 2. (i) The petitioner contends that he is an associate member who had enrolled with the respondent No.1 for allotment of a site in a layout formed by the respondent No.1 in survey Nos.4/1, 6/1, 6/2, 6/16, 24/2 and 26 of Bidraguppe Village, Attibele Hobli, Anekal Taluk. The petitioner was attracted by the propaganda of the respondent No.3 on behalf of the respondent No.1 and paid a sum of Rs.4,81,020/- on 10.03.2011 towards the allotment of a site and a sum of Rs.4,80,000/- and a sum of Rs.2,40,000/- towards the allotment of the site. - 4 - HC-KAR NC: 2025:KHC:32633 WP No. 7549 of 2023 (ii) The petitioner claims that the respondent No.4 at the time of processing the application had assured that he would take him to the layout. However, despite persistence, the respondent No.4 avoided the petitioner and did not take him to the layout. The petitioner claims that he paid a sum of Rs.9,61,000/- and Rs.2,40,000/- for allotment of the plot. He claims that though he was ready to get the same registered, the respondents were avoiding to convey the plot. The petitioner is therefore before this Court seeking for a direction to the respondent No.1. 3. The respondent No.1 is the Karnataka Telecom Department Employees Co-operative Society. The respondent No.3 is a developer and builder of the layout while respondent No.4 had purportedly advertised the sale of the plots formed by the respondent No.1. It appears that the petitioner had paid certain moneys to the respondent Nos.1 towards allotment of the site in a layout formed by the respondent No.1 but claims that respondent No.1 has not conveyed the property to the petitioner. The petitioner is therefore before this Court. Neither the respondent No.1 nor the respondent Nos.3 and 4 are authorities under the state and therefore, no direction can be - 5 - HC-KAR NC: 2025:KHC:32633 WP No. 7549 of 2023 issued to the respondent Nos.1, 3 and 4 to convey a site to the petitioner. If the petitioner is interested to pursue for allotment of a site, he may do so before the appropriate authority or before the respondent No.2 in accordance with law. If a request is made before the respondent No.2, the same shall be considered in accordance with law and appropriate orders shall be passed within a period of three months from the date of the receipt of a copy of this order. 4. The writ petition is disposed off on the above terms. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 60