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2026 DAILYLAW 37512 (KAR)

SMT.K.DHANLAKSHMI v. THE COMMISSIONER,

WP/21290/2026 · 2026-08-20

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010470942026 NC: 2026:KHC:45184 WP No. 21290 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 21290 OF 2026 (BDA) BETWEEN: SMT. K.DHANLAKSHMI W/O CHANDRASHEKAR AGED ABOUT 51 YEARS R/A NO. 129, 3RD CROSS, BANASHANKARI 3RD STAGE, CHAMUNDINAGAR, BDA LAYOUT, GIRINAGAR BENGALURU -560085 …PETITIONER (BY SRI. NATARAJA B S., ADVOCATE) AND: 1. THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. 2. THE DEPUTY REGISTRAR-1 BENGALURU DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. …RESPONDENTS (BY SRI. M.H. HANEEF, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010470942026 NC: 2026:KHC:45184 WP No. 21290 of 2026 PETITIONER AS REFLECTED IN ANNEXURE-K DATED 16.09.2025 AND FURTHER REPRESENTATION DATED 19.06.2026 PRODUCED AT ANNEXURE-L TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 direct the respondents to consider her representations dated 21.07.2025 and 19.06.2026. She has also sought for a writ in the nature of mandamus to direct the respondents to consider the representations in the light of the Bangalore Development Authority (Allotment of Sites) (Amendment) Rules, 2024 as amended by notification No.UDD 30 MNX 2023 dated 01.02.2024. 2. The petitioner contends that the respondent No.1 had allotted a site bearing No.178 at Banashankari 3rd Stage, in favour of Sri. G. Shreekumar in terms of a letter of allotment dated 07.12.2006. A possession certificate was issued in his favour on 29.02.2008 and a lease-cum-sale agreement was executed. However, a deed of absolute sale was not executed - 3 - HC-KAR CNR: KAHC010470942026 NC: 2026:KHC:45184 WP No. 21290 of 2026 in favour of the said Sri. G. Shreekumar. On 05.02.2009, Sri. G. Shreekumar sold the said site in favour of Smt. Gowramma and Smt. Gowramma in turn alienated it to Sri. Narendra Puligudda on 21.10.2022. The petitioner purchased the aforesaid site from Sri. Narendra Puligudda on 23.06.2025. The petitioner contends that she approached the revenue authorities for registering e-khata in her name and to pay the property tax. She contends that she is in possession of the aforesaid property from the date of purchase till date. On coming to know that a sale deed was not executed in favour of Sri. G. Shreekumar, she submitted a representation dated 21.07.2025 requesting the respondent No.2 to execute a deed of absolute sale in her favour as she is the present owner of the site. (ii) A spot inspection was ordered to be conducted through the Revenue Officer of the respondent No.2, who after an inspection reported that the petitioner is in possession. The petitioner thereafter made several requests to the respondent No.2 to execute a sale deed and also indicated her willingness to deposit the penalty of 25% of the prevailing guidance value - 4 - HC-KAR CNR: KAHC010470942026 NC: 2026:KHC:45184 WP No. 21290 of 2026 as per Rule 14(2) of the BDA (Allotment of Sites) Rules, 1984. Petitioner contends that the same is not considered and therefore, she is before this Court seeking for a direction to the respondents to consider her representations dated 21.07.2025 and 19.06.2026. 3. The learned counsel for the petitioner reiterated above submissions and submitted that since the petitioner is the present owner of the property, the respondents are bound to execute a deed of absolute sale in favour of the petitioner and convey the site bearing No.178 in Banashankari III Stage to the petitioner. 4. The learned counsel for the respondents submits that the petitioner is the third purchaser of the site in question and therefore, the entitlement of the petitioner for deed of absolute sale in her name would be considered in the light of the Rule 14(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1984 and appropriate orders would be passed. - 5 - HC-KAR CNR: KAHC010470942026 NC: 2026:KHC:45184 WP No. 21290 of 2026 5. In view of above, the petition is allowed. The respondent Nos.1 and 2 are directed to consider the representations of the petitioner dated 21.07.2025 and 19.06.2026 and pass appropriate orders within a period of three months from the date of receipt of a certified copy of this Order. If there is no other impediment in law for execution of a sale deed in favour of the petitioner, the respondents shall also ensure that a sale deed is executed within the aforesaid period. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 79