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2026 DAILYLAW 7468 (KAR)

SRI R N SUDHAKAR v. THE STATE OF KARNATAKA

WP/11846/2026 · 2026-04-16

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20717 WP No. 11846 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 11846 OF 2026 (LB-RES) BETWEEN: 1. SRI. R.N.SUDHAKAR S/O K.G.NAGARAJ AGED ABOUT 62 YEARS RESIDENT AT NO.0867 OLD MAIN ROAD NEAR GANESHA TEMPLE RAMANAGARA TAULK RAMANAGARA DISTRICT-562 159. …PETITIONER (BY SRI. GIRISH H.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, DR. B.R.AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE COMMISSIONER RAMANAGARA URBAN DEVELOPMENT AUTHORITY NO.39, BENGALURU-MYSURU ROAD (NEXT TO MINI VIDHANA SOUDHA) RAMANAGARA TOWN, RAMANGARA-562 159. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1; SRI. KIRAN KUMAR T.L., ADVOCATE FOR R2) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20717 WP No. 11846 of 2026 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE ANY WRIT, ORDER OR DIRECTION, DIRECTING THE 2ND RESPONDENT TO EXTEND THE BENEFITS OF THE ORDER PASSED BY THE COORDINATE BENCH OF THIS HON'BLE COURT W.P.NO.45700/2019 DATED 19.2.2025 ANNEXURE-C AND CONFIRM TO THE WRIT APPEAL NO.362/2025 DATED 01.04.2025 ANNEXURE-D AND TO EXECUTE THE LEASE-CUM- SALE AGREEMENT AND ALSO REGISTERED SALE DEED IN RESPECT OF SITE NO.HCL-81 ALLOTTED IN FAVOR OF THE PETITIONER MOREFULLY DESCRIBED IN THE SCHEDULED APPENDED HEREWITH UNDER ALLOTMENT LETTER BEARING NO. -NIIL- DATED 11.5.2011 VIDE ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner has been allotted a site by respondent no.2 and the said site is the subject matter of the instant petition. However, pursuant to the said allotment though an allotment letter is issued, a lease-cum-sale agreement - 3 - HC-KAR NC: 2026:KHC:20717 WP No. 11846 of 2026 is not executed. Hence, the present writ petition is filed with the following prayers: "(a) issue any Writ, Order or Direction, directing the 2nd respondent to extend the benefits of the Order passed by the Coordinate Bench of this Hon'ble Court in W.P.No.45700/2019 dated 19.2.2025 Annexure-C and confirm to the Writ Appeal No.362/2025 dated 1.4.2025 Annexure-D and to execute the Lease-cum-Sale Agreement and also Registered Sale Deed in respect of Site No.HCL-81 allotted in favour of the Petitioner morefully described in the scheduled appended herewith under allotment letter bearing No. -nil- dated 11.5.2011 vide Annexure-A; (b) Pass such other any order or relief as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice and equity." 2. Learned counsel for respondent no.2 submits that as there is a delay in payment of the consideration amount by the petitioner, 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 - 4 - HC-KAR NC: 2026:KHC:20717 WP No. 11846 of 2026 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 petitioner, 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 petitioner 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 petitioner as well as the respondents submit that 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 petitioner herein. Hence, the following:- - 5 - HC-KAR NC: 2026:KHC:20717 WP No. 11846 of 2026 ORDER i. The writ petition is disposed of. ii. Respondent No.2 is directed to execute the necessary deeds in favour of the petitioner upon the petitioner in the instant case making the necessary payments on similar terms as directed in W.P.No.45700/2019. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 14