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2026 DAILYLAW 6187 (KAR)

SRI L SHIVALINGAIAH v. THE ADDITIONAL CHIEF SECRETARY

WP/3565/2023 · 2026-04-23

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22249 WP No. 3565 of 2023 C/W WP No. 7131 of 2023 WP No. 3585 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 3565 OF 2023 (LB-RES) C/W WRIT PETITION NO. 7131 OF 2023 (LB-RES) WRIT PETITION NO. 3585 OF 2024 (LB-RES) IN WP No. 3565/2023 BETWEEN: 1. SRI. L. SHIVALINGAIAH S/O LINGEGOWDA, SINCE DEAD BY HIS LR. 1(A). SMT. JAYALAKSHMAMMA W/O LATE L. SHIVALINGAIAH AGED ABOUT 75 YEARS 1(B). SRI. C.S. SURESH S/O LATE L/ SHIVALINGAIAH AGED ABOUT 57 YEARS 1(C). SRI. MAJU S S/O LATE L. SHIVALINGAIAH AGED ABOUT 44 YEARS ALL ARE R/AT NO.4/1. C STREET 2ND MAIN ROAD, NEW GUDDADAHALLI MYSORE ROAD, BENGALURU - 560 026. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22249 WP No. 3565 of 2023 C/W WP No. 7131 of 2023 WP No. 3585 of 2024 AND ASLO AT R/AT CHIKKENAHALLI VILLAGE NAGAVARA POST, CHENNAPATTANA TALUK RAMANAGARA DISTRICT - 562 108. 2. SMT. TRIVENI W/O M.S. RUDRAMUNISWAMY, AGED ABOUT 67 YEARS, R/O. MADENAHALLI VILLAGE AND POST, MADDUR TALUK, MANDYA DISTRICT. 3. SRI. L. SHIVALINGAPPA S/O LATE LINGANAIAH K AGED ABOUT 53 YEARS, R/AT NO.635, 15TH CROSS ROAD, 2ND BLOCK, JNANABHARATHI LAYOUT, MARIYAPPANA PALYA, BENGALURU - 560 056. 4. SRI S.N. KRISHNAMURTHY S/O LINGAIAH, AGED ABOUT 60 YEARS, R/AT NO.55, 7TH CROSS, 7TH MAIN, GANDHINAGARA, KENGERI UPANAGAR, BENGALURU - 560 060. 5. SMT. U.C. KALAVATHI W/O M.B. UMESH GOWDA, AGED ABOUT 42 YEARS, R/O MADAPURA VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. 6. SMT S . KALPANA - 3 - HC-KAR NC: 2026:KHC:22249 WP No. 3565 of 2023 C/W WP No. 7131 of 2023 WP No. 3585 of 2024 W/O M.B. MALLIKARJUNA GOWDA, AGED ABOUT 45 YEARS, R/O MADAPURA VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. 7. SMT. B.P. VARALAKSHMI W/O M.B. VEEREGOWDA SINCE DEAD BY HER LRS 7(A). SRI. VEERE GOWDA M.B S/O LATE BOLE GOWDA AGED ABOUT 64 YEARS 7(B). SRI. NIKITH GOWDA M.V S/O SRI. VEERE GOWDA M.B AGED ABOUT 32 YEARS BOTH 7(A) AND 7(B) ARE R/AT MADAPURA VILLAGE VIRUPAKSHIPURA HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT 7(C). SMT. LEKHA M.V D/O SRI. VEERE GOWDA M.B AGED ABOUT 35 YEARS R/AT NO. 474, 1ST MAIN SRI. CHAMUNDESHWARI NAGARA MANDYA - 571 401. 7(D). SMT. KAVITHA M.V D/O SRI. VEERE GOWA M.B AGED ABOUT 30 YEARS - 4 - HC-KAR NC: 2026:KHC:22249 WP No. 3565 of 2023 C/W WP No. 7131 of 2023 WP No. 3585 of 2024 R/AT NO. 63, SRI. SHAMBULINGESWARA NILAYA MARIYAPPANAPALYA BENGALURU UNIVERSITY BENGALURU - 560 056. 8. SRI. H.N. MANJUNATHA S/O NARASIMHACHARI, AGED ABOUT 42 YEARS, C/O JAYAMMA, MAHALAKSHMI LAYOUT, DOOR NO.186, 1ST CROSS, CHENNAPATNA, RAMANAGARA DISTRICT - 571 501. 9. SRI CHANDRASHEKAR S/O SRINIVASACHAR, AGED ABOUT 53 YEARS, R/AT NO.12, DAR POLICE QUARTERS, OPP KSRTC BUS STAND, CHANNAPATNA - 571 501. 10. SRI. K.V. ADINARAYAN S/O LATE K.M. VENKATAPPA, AGED ABOUT 57 YEARS, R/AT NO.878, 14TH CROSS, 2ND MAIN, MAHALAKSHMI LAYOUT, BENGALURU-560086. 10(A). SMT. V. RATHNA W/O LATE K.V. ADINARAYAN AGED ABOUT 51 YEARS 10(B). SRI. K. THANMAY ADINARAYAN S/O LATE K.V. ADINARAYAN AGED ABOUT 21 YEARS - 5 - HC-KAR NC: 2026:KHC:22249 WP No. 3565 of 2023 C/W WP No. 7131 of 2023 WP No. 3585 of 2024 10(C). SMT. K. THRISHA ADINARAYAN D/O LATE K.V. ADINARAYAN AGED ABOUT 19 YEARS PETITIONERS 10(A) TO 10(C) ARE R/AT NO.878, 14TH CROSS, 2ND MAIN, MAHALAKSHMI LAYOUT, BENGALURU-560086. 11. SRI. SHIVANNA H.S. S/O LATE MARAGISIDDHA, AGED ABOUT 64 YEARS, R/AT NO.2032, YELEKERE, CHANNAPATNA TOWN, RAMANAGARA DISTRICT - 571 501. 12. SMT ROSHNA S. SHETTY D/O SHEKAR S. SHETTY, AGED ABOUT 43 YEARS, R/AT NO.155, LEELA NIVASA APARTMENTS, FLAT NO.204, 4TH MAIN, 15TH CROSS, MALLESWARAM, BENGALURU - 560 003. …PETITIONERS (BY SRI. RAMACHANDRA, ADVOCATE) AND: 1. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT AND REVISION AUTHORITY, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. - 6 - HC-KAR NC: 2026:KHC:22249 WP No. 3565 of 2023 C/W WP No. 7131 of 2023 WP No. 3585 of 2024 2. THE COMMISSIONER RAMANAGARA URBAN DEVELOPMENT AUTHORITY, NO.39, BENGALURU -MYSURU ROAD, (NEXT TO VIDHANA SOUDHA), RAMANAGARA TOWN, RAMANAGARA - 562 159. 3. THE CHAIRMAN RAMANAGARA URBAN DEVELOPMENT AUTHORITY, NO.39 BENGALURU-MYSURU ROAD, (NEXT TO VIDHANA SOUDHA), RAMANAGARA TOWN, RAMANAGARA - 562 159. …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1; SRI. KIRAN KUMAR T.L,ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-F-1 TO F-12, THE NOTICE BEARING NO. RAA CHA NA PRA/HANCHIKE/NI.HA.VAA/358/2015-16, DATED 19.10.2015 PRODUCED AS ANNEXURE-F-1 TO F-12 IN SO FAR AS IT RELATES TO THE P-1 TO 12 ARE CONCERNED AND ETC., IN WP NO. 7131/2023 BETWEEN: 1. SRI. DEVARAJU, S/O LATE VISHAKANTE GOWDA, AGED ABOUT 68 YEARS, R/O BESAGARAHALLI TOWN, KUMBARA BEEDI, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 401. 2. KEMPAIAH, S/O. CHANNEGOWDA, - 7 - HC-KAR NC: 2026:KHC:22249 WP No. 3565 of 2023 C/W WP No. 7131 of 2023 WP No. 3585 of 2024 AGED ABOUT 77 YEARS, R/O NO. 3261, 4TH CROSS, GAYATHRI NAGAR, BENGALURU - 560 021. 3. C.G. THIPPESWAMY, S/O GIRIYAPPA, AGED ABOUT 42 YEARS, R/O. CHIKKANAHALLI, GANESH RICE MILL, KADAVINA KOTE POST, HALEKOTE HOBLI, HOLENARSIPURA TALUK, HASSAN DISTRICT - 57 3201. 4. C.T. RENUKA W/O C.G. THIPPESWAMY, AGED ABOUT 35 YEARS, R/O. CHIKKANAHALLI, GANESH RICE MILL, KADAVINA KOTE POST, HALEKOTE HOBLI, HOLENARSIPURA TALUK, HASSAN DISTRICT - 573 201. ...PETITIONERS (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPARTMENT AND REVISION AUTHORITY , VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE COMMISSIONER RAMANAGARA URBAN DEVELOPMENT AUTHORITY, NO. 39, BANGALORE - MYSORE ROAD, - 8 - HC-KAR NC: 2026:KHC:22249 WP No. 3565 of 2023 C/W WP No. 7131 of 2023 WP No. 3585 of 2024 (NEXT TO VIDHANA SOUDHA) RAMANAGARA TOWN, RAMANAGARA - 562 159. 3. THE CHAIRMAN RAMANAGARA URBAN DEVELOPMENT AUTHORITY, NO 39, BANGALORE - MYSORE ROAD, (NEXT TO VIDHANA SOUDHA) RAMANAGARA TOWN, RAMANAGARA - 562 159. ...RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1; SRI. KIRAN KUMAR T.L, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTICE BEARING NO. RAA CHA NA PRA / HANCHIKE/ NI.HA.VAA/358/2015-16, DATED 19.10.2015 PRODUCED AS ANNEXURE-F1 TO F4 IN SO FAR AS IT RELATES TO THE PETITIONER NO. 1 TO 4 CONCERNED. IN WP NO. 3585/2024 BETWEEN: SRI. G. VINAYAK S/O GOVINDA SWAMY, AGED ABOUT 42 YEARS, RESIDING AT NO. 1198/51 ASHOKNAGAR, 10TH CROSS, BSK 1ST STAGE, BENGALURU - 560 050. ...PETITIONER (BY SRI. H.N. BASAVARAJU, ADVOCATE) - 9 - HC-KAR NC: 2026:KHC:22249 WP No. 3565 of 2023 C/W WP No. 7131 of 2023 WP No. 3585 of 2024 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER RAMANAGARA URBAN DEVELOPMENT AUTHORITY, NO. 39, BENGALURU MYSURU ROAD, ADJACENT TO MINI VIDHANA SOUDHA RAMANAGARA TOWN, RAMANAGARA - 562 159. ...RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1; SRI. KIRAN KUMAR T.L, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN RESPECT OF PROCEEDING IN NO.NA.A.E 94 BEM.RU.PRA 2019 AND CONNECTED CASES FROM THE FILE OF THE R1 GOVERNMENT AND ALSO RECORDS FROM THE R2 BEARING NO.RACHANAPRA/HANCHIKE/NI.HA.VA/358/2015.16 AND ETC., . THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 10 - HC-KAR NC: 2026:KHC:22249 WP No. 3565 of 2023 C/W WP No. 7131 of 2023 WP No. 3585 of 2024 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioners have been allotted a sites by respondent No.2 and the said sites are the subject matter of the instant petitions. However, pursuant to the said allotment though an allotment letter is issued, a lease- cum-sale agreement is not executed. Hence, the present writ petitions are filed with the following prayers:- In W.P.No.3565/2023:- "(a) Issue an order of Writ in nature of certiorari quashing Annexure-F-1 to F-12, the notice bearing No. Raa Cha Na Pra/Hanchike/Ni.Ha.Vaa/ 358/2015- 16, dated 19.10.2015 produced as Annexures-F-1 to F-12 in so far as it relates to the Petitioner No.1 to 12 are concerned. (b) Issue an order of Writ in the nature of certiorari quashing Annexure-H, the impugned order dated 10.11.2022, passed by the 1st respondent vide in Revision Petition No.NA.A.E 94.BEM.RU.PRA 2019 and Revision Petition No.NA.Α.Ε - 11 - HC-KAR NC: 2026:KHC:22249 WP No. 3565 of 2023 C/W WP No. 7131 of 2023 WP No. 3585 of 2024 21.BEM.RU.PRA.2019 in so far as the petitioners are concerned, (c) Pass any other order or reliefs as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice and equity. In W.P.No.7131/2023:- a) Issue an order of writ in nature certiorari quashing the notice bearing No. Raa Cha Na Pra/Hanchike/Ni.Ha.Vaa/358/2015-16, dated 19- 10-2015 produced as Annexure-F-1 to F-4 in so far as it relates to the petitioner No.1 to 4 concerned. b) Issue an order of writ in nature of certiorari quashing Annexure-H, the impugned order dated 10-11-2022, passed by the 1st respondent vide Revision petition No.NA.A.E94.BEM.RU.PRA 2019 and Revision petition No.ΝΑ.Α.Ε.21BEM.RU.PRA.2019 in so far as the petitioners are concerned, c) Grant such others relief's as this Hon'ble court deems fir in the facts and circumstances of the case in the interest of justice and equity. " - 12 - HC-KAR NC: 2026:KHC:22249 WP No. 3565 of 2023 C/W WP No. 7131 of 2023 WP No. 3585 of 2024 In W.P.No.3585/2024:- a) Call for the records in respect of proceedings in No.NA.Α.Ε 94 BEM.RU.PRA 2019 and connected cases from the file of the first respondent Government and also records from the second respondent bearing No. RACHANAPRA/ HANCHIKE/NI.HA.VA/358/2015-16; b) Issue a writ in the nature of certiorari or any other writ to quash the order passed by the first respondent Government dated 10-11-2022 in Revision Petition No. Na.Α.Ε.94 BEM.RU.PRA/2019 as per Annexure-Q and the impugned Endorsement/Communication dated 19-10-2015 issued by Respondent No.2 Ramanagara- Channapatna Urban Development Authority in No. RACHANAPRA / HANCHIKE/NI.HA.VA/358/2015-16 as per Annexure-J only in so far as petitioner is concerned c) Issue any other appropriate writ or order or direction as this Hon'ble Court deem it fit and proper in the facts and circumstances of the case and allow this writ petition in the ends of justice and equity." 2. Learned counsel for respondent No.2 submits that as there is a delay in payment of the consideration - 13 - HC-KAR NC: 2026:KHC:22249 WP No. 3565 of 2023 C/W WP No. 7131 of 2023 WP No. 3585 of 2024 amount by the petitioners, the lease-cum-sale agreement could not be executed. 3. Under normal circumstances, an allotee is required to pay the amounts due within the stipulated time, failing which, he loses the right over the property. However, in the instant case, though respondent No.2 has failed to execute the lease-cum-sale agreement, it did not repay or come forward to refund the consideration amount paid by the petitioners, as required under law. Under similar circumstances, and in respect of the same layout, this Court in W.P.No.45700/2019, has directed respondent No.2 to execute the lease-cum-sale agreement and the registered sale deed upon the petitioners therein paying certain interest on the belated payment. The said order has been confirmed by the Division Bench of this Court in Writ Appeal No.362/2025. 4. In the light of the aforementioned decision, both the petitioners as well as the respondents submit that - 14 - HC-KAR NC: 2026:KHC:22249 WP No. 3565 of 2023 C/W WP No. 7131 of 2023 WP No. 3585 of 2024 a similar order may be passed in the instant case also. There is no reason why the order passed in W.P.No.45700/2019 should not enure to the benefit of the petitioners herein. Hence the following:- ORDER i. The writ petitions are disposed of. ii. Respondent No.2 is directed to execute the necessary deeds in favour of the petitioners upon the petitioners in the instant case making the necessary payments on similar terms as directed in W.P.No.45700/2019. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 44