- 1 - HC-KAR NC: 2026:KHC:14830 WP No. 36623 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.36623 OF 2025 (LB-RES) BETWEEN: 1. SRI. LEELA RAMA MOGAR W/O. RAMA N MOGAR, AGED ABOUT 53 YEARS, RESIDENT OF BDA APARTMENTS, PHASE-4, B-E, FLAT NO.501, KANIMINKE, BENGALURU-560 074. …PETITIONER (BY SRI. BALARAJ A.C., 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, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14830 WP No. 36623 of 2025 BENGALURU-MYSURU ROAD (NEXT TO MINI VIDHANA SOUDHA) RAMANAGARA TOWN RAMANAGARA-562 159. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP., FOR R.1; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R.2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO EXECUTE LEASE CUM SALE AGREEMENT AND ALSO REGISTERED SALE DEED IN RESPECT OF THE SITE NO.21 ALLOTTED IN FAVOUR OF THE PETITIONER MOREFULLY DESCRIBED BELOW IN THE SCHEDULE UNDER ALLOTMENT LETTER BEARING NO.NIL DT.NIL VIDE ANNEXURE- A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:14830 WP No. 36623 of 2025 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 is not executed. Hence, the present writ petition is filed with the following prayers:- (a) issue any writ, order or direction, directing the respondent No.2 to execute lease cum sale agreement and also registered sale deed in respect of the site No.21 allotted in favour of the petitioner morefully described below in the schedule under allotment letter bearing No.nil dt.nil vide Annexure-A; (b) 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.' 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. - 4 - HC-KAR NC: 2026:KHC:14830 WP No. 36623 of 2025 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 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 - 5 - HC-KAR NC: 2026:KHC:14830 WP No. 36623 of 2025 should not enure to the benefit of the petitioner herein. Hence the following:- 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 VMB List No.: 1 Sl No.: 94