- 1 - HC-KAR NC: 2025:KHC:49797 WP No. 19284 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 19284 OF 2022 (GM-ST/RN) BETWEEN: SMT. S LALITHAMMA W/O LATE SRI PREMCHAND AGED ABOUT 69 YEARS R/A NO.16/1, SECOND MAIN ROAD 5TH CROSS, GOVINDARAJANAGARA BENGALURU-560040. …PETITIONER (BY SRI. PRAMOD M.N., ADV. FOR SRI VARUN P., ADV.) AND: THE SUB REGISTRAR BDA COMPLEX T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560020 …RESPONDENT (BY SRI.MAHANTESH SHETTAR, AGA) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT EITHER TO REMOVE THE ENTRY REGARDING THE CANCELLATION DEED DATED 29.09.2011 REGISTERED AS DOCUMENT NO.BDA-1-04897-2004-05 RECORDED IN C.D.NO.BDAD-49 IN THE ENCUMBRANCE REGISTER OR TO MAKE AN ENTRY IN THE ENCUMBRANCE REGISTER TO THE FACT THAT THE REGISTERED CANCELLATION DEED DATED 29.09.2011 REGISTERED AS DOCUMENT NO.BDA-1-04897- Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49797 WP No. 19284 of 2022 2004-05 RECORDED IN C.D.NO.BDAD-49 HAS BEEN QUASHED IN WRIT PETITION NO.49475/2019 (BDA) DATED 09.03.2021 AS PER ANNEXURE-D AND ALSO GRANT SUCH OTHER RELIEF OR RELIEFS AS THE SITUATION DEMANDS TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard learned counsel appearing for the parties. 2. The grievance of the petitioner in this writ petition is to remove the entry regarding Cancellation Deed dated 29.09.2011 in the Encumbrance Register at the instance of the Bangalore Development Authority (for short “BDA”)in terms of the order dated 09.03.2021 in W.P.No.49475/2019 (Annexure-D). 3. Having taken note of the submissions made by the learned counsel appearing for the parties, the Bangalore Development Authority has allotted residential site bearing No.446 situated at Banashankari VI Stage, IV B Block, - 3 - HC-KAR NC: 2025:KHC:49797 WP No. 19284 of 2022 Bangalore as per Allotment Letter dated 07.02.2004 and thereafter, registered sale deed was executed on 27.07.2004 by the BDA in favour of the husband of the petitioner. Thereafter, the BDA had executed Deed of Cancellation on 29.09.2011 which was challenged before this Court in W.P.No.49475/2019 disposed of on 09.03.2021 (Annexure-D). Paragraph 7 of the order reads as under: “7. Thus, following the above two decisions of this Court, the writ petition is allowed, the registered Cancellation Deed Annexure-H dated.29.09.2011 in respect of the property bearing No.446 situated at Banashankari 6th Stage is quashed. Further, liberty is reserved to the BDA to seek cancellation of sale deed executed in favour of petitioner by instituting suit before the competent Civil Court, in accordance with law.” 4. Taking into consideration the fact that, the registered Cancellation Deed dated 29.09.2011 is quashed by this Court in the aforementioned writ petition, I am of the view that, the respondent is hereby directed to remove the - 4 - HC-KAR NC: 2025:KHC:49797 WP No. 19284 of 2022 entry made in the Encumbrance Certificate as to Cancellation Deed 29.09.2011 within a period of two months from the date of receipt of a copy of this order. However, cancellation of encumbrance is subject to the observation made by this Court in W.P.No.49475/2019. 5. With the above observations, the writ petition is accordingly allowed. Sd/- (E.S.INDIRESH) JUDGE MPK CT:bms List No.: 1 Sl No.: 33