- 1 - HC-KAR NC: 2025:KHC:45619 WP No. 25953 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 25953 OF 2022 (CS-RES) BETWEEN: 1. SAJEEDUNNISA W/O LATE SYED NISAR AHMED AGED ABOUT 74 YEARS 2. SYED WASEEM AHMED S/O LATE SYED NISAR AHMED AGED ABOUT 53 YEARS BOTH RESIDING AT NO.1913, 1ST STAGE NEAR KHUDADATH MASJID RAJIV NAGAR MYSORE KALYANAGIRI, MYSORE KARNATAKA - 570 019. 3. SYED TAMEEM AHMED S/O LATE SYED NISAR AHMED AGED ABOUT 45 YEARS RESIDING AT NO.21, 4TH CROSS ABUBAKAR MASJID ROAD OPP. BANGALORE SCOTTISH SCHOOL BHARATH NAGAR THANISANDRA MAIN ROAD BANGALORE NORTH BENGALURU, KARNATAKA - 560 077 BY ITS GPA HOLDER SRI SYED SHAFIULLA S/O SYED REHMAN AGED ABOUT 68 YEARS RESIDING AT NO.3398 KUMANDHAN MOHALLA RAMANGAR TOWN, RAMNAGAR DISTRICT KARNATAKA - 562 159 …PETITIONERS (BY SMT: ASMA PARVEEN .N., ADVOCATE) Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45619 WP No. 25953 of 2022 AND: THE SECRETARY I.T.I EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD., DOORVANI NAGAR BANGALORE - 560 016 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO EXECUTE SALE DEED AND TO HANDOVER THE POSSESSION OF THE PROPERTY VIDE BEARING SITE NO.688, MEASURE 49/40/2, 58 PLUS 54/2 , SITUATED AT 13TH MAIN, 6TH CROSS OF MALTHAHALLI LAYOUT, JNANABHARATHI, KENGERI, BANGALORE FORMED IN SY.NO.10/1, B.D.A. LAYOUT, BOUNDED ON EAST BY SITE NO. 691 WEST BY ROAD , NORTH BY SITE NO. 689 AND SOUTH BY PRIVATE PROPERTY WHICH IS CLEARLY STATED IN ANNEXURE E, IN FAVOR OF LATE SYED NISAR AHMEDS LEGAL REPRESENTATIVES OR ANY OTHER PERSON ON THEIR BEHALF AND TO PASS ANY SUCH OTHER ORDER/ ORDERS AS THIS HONBLE COURT DEEMS FIT IN THE FACTS AND THE CIRCUMSTANCES IN THE ENDS OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioners have approached this Court seeking issuance of writ in the nature of mandamus directing the respondent to execute the sale deed and to hand over possession of the property bearing site No.688 as described in the petition by following the direction as per order dated - 3 - HC-KAR NC: 2025:KHC:45619 WP No. 25953 of 2022 07.05.2012 passed by the Joint Registrar of Co-operative Societies, produced as per Annexure-E. 2. Heard Smt Asma Parveen N, learned counsel for the petitioners. The respondent remained unrepresented, inspite of service of notice. Perused the materials on record. 3. It is the contention of the petitioners that they are the wife and children of late Syed Nisar Ahmed, who is the member of the respondent - Society, who was allotted with a site as per the provisional allotment letter dated 09.08.1992 in respect of the site bearing No.688 measuring 49+40/2 and 58+54/2 situated at 13th main, 6th cross of Malthahalli Layout, Jnanabharati, Kengeri, Bengaluru. It is also stated that the Joint Registrar of Co-operative Societies passed an order as per Annexure-E dated 07.05.2012 accepting the dispute raised by the deceased Syed Nisar Ahmed and directed the Society to allot the site in question and if in case the said site is not available for allotment, to allot alternative site. Inspite of that, the orders passed vide Annexure-E is not followed and therefore, the petitioners are before this Court seeking for a writ in the nature of mandamus. - 4 - HC-KAR NC: 2025:KHC:45619 WP No. 25953 of 2022 4. The copy of provisional allotment letter dated 09.08.1992 is produced as per Annexure-C. The order of the Joint Registrar of Co-operative Societies is as per Annexure-E. I am satisfied with the contention taken by the petitioners and hence, the writ petition is liable to be allowed. Accordingly, I proceed to pass the following: ORDER (i) The Writ Petition is allowed. (ii) The respondent is directed to act upon Annexure-E within a period of three months from the date of receipt of certified copy of this order. Sd/- (M G UMA) JUDGE *bgn/- CT:VS List No.: 2 Sl No.: 30