Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:47048 WP No. 12282 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.12282 OF 2025 (BDA)
BETWEEN:
SRI S. LAKSHMINARAYANA S/O SIDDAIAH, AGED ABOUT 52 YEARS, R/AT NO.1896, THAHI TAHNDE NILAYA, 2ND STAGE, KUMARASWAMY LAYOUT, BENGALURU-560 078.
…PETITIONER
(BY SRI SUNDARESH H.C., ADVOCATE)
AND:
1.
THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD,
KUMARA PART WEST,
BENGALURU-560 020.
2.
THE DEPUTY SECRETARY, BANGALORE DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD,
KUMARA PART WEST,
BENGALURU-560 020.
…RESPONDENTS
(BY SRI AJAY KUMAR M., ADVOCATE FOR R-1 & R-2)
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 PETITIONERS DATED 23-09-2020 AS PER ANNEXURE-H FOR EXECUTING ABSOLUTE SALE DEED IN RESPECT OF THE PROPERTY BEARING NO.278, 74TH CROSS, KUMARSWAMY LAYOUT 1ST STAGE, WARD NO.55, PADMANABHANAGARA WITH RCC HOUSE, PID NO.55- 848-278, MEASURING 17.44 SQ.MTRS, PURSUANT TO SALE DEED DATED 30-08-2018 AS PER ANNEXURE-E.
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:47048 WP No. 12282 of 2025
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 representation dated 23.09.2020 (Annexure-H), whereby he sought for execution of an absolute sale deed in respect of site/property No.278, situated at I stage, 74th cross, Kumarswamy layout, pursuant to the lease-cum- sale agreement dated 30.10.2018 (Annexure-E).
2. Heard learned counsel for the petitioner and
learned counsel for the respondents-Bengaluru Development Authority (BDA).
Brief facts:
3. The grievance of the petitioner is that though the property was originally allotted to one Suban Saab son of Mohammad Gouse, under the allotment letter dated 04.09.1978 and lease-cum-sale agreement was executed
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HC-KAR NC: 2025:KHC:47048 WP No. 12282 of 2025
by the BDA on 18.10.1982 and though the petitioner subsequently purchased the property after expiry of the lease period under a registered sale deed dated 30.08.2018, the BDA has not acted upon his request for execution of the absolute sale deed.
4. It is further submitted that the Special Task Force (STF) has already submitted a report recommending execution of the sale deed and the petitioner’s representation has remained unattended.
5.
Learned counsel for the petitioner places reliance on the judgment of the Co-ordinate Bench of this Court in the case of Sri John Barnabas Vs. The Commissioner BDA and Another1 (Sri John Barnabas), wherein similarly placed applicants were granted relief.
6. Per contra,
learned counsel for the respondents-BDA submits that the petitioner's
1 W.P.No.1739/2025 D.D. 02.04.2025
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HC-KAR NC: 2025:KHC:47048 WP No. 12282 of 2025
representation so submitted will be considered, in accordance with law, within a time bound manner.
7. Without expressing any opinion on the merits of the matter, this Court feels it appropriate to direct the respondents to consider the petitioner’s representation. Accordingly, this Court pass the following:
ORDER i. The writ petition is disposed of. ii. The respondents-BDA are directed to consider the petitioner's representation dated 23.09.2020 for execution of the absolute sale deed in his favour bearing in mind the report submitted by the STF on 11.10.2022, the opinion of a law officer dated 17.12.2022 and the order passed by this Court in Sri John Barnabas’s case, and pass appropriate orders in accordance with law, within a period of three
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HC-KAR NC: 2025:KHC:47048 WP No. 12282 of 2025
months from the date of receipt of the copy of this order.
Sd/- _____________________ JUSTICE K.S. HEMALEKHA
AT List No.: 1 Sl No.: 48