IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05th DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI W.P. NO.53496/2018 (BDA) BETWEEN:
B.S.VENKATACHALAPATHY S/O.LATE B.BL.SURYANARAYANA CHETTY AGED ABOUT 76 YEARS NO.13, 1ST MAIN ROAD KEMPANNA LAYOUT, PALACE GUTTAHALLI SESHADRIPURAM BENGALURU-560 020 … PETITIONER (BY SMT. UMA G., ADV., FOR SRI. M.J. ALVA, ADV.,) AND:
1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020 2. THE DEPUTY SECRETARY (D3) BENGALURU DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020 ... RESPONDENTS (BY SRI. BASAVARAJA H.T. FOR M/S. S.B. ASSTS., FOR R2, R1 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXECUTE THE DEED OF ABSOLUTE SALE IN FAVOUR OF THE PETITIONER IN RESPECT OF THE SCHEDULE PROPERTY IN FURTHERANCE OF THE EXECUTION OF THE AUCTION SITE SALE AGREEMENT DATED: 26.08.1996 AS PER ANNEXURE-A AND THE POSSESSION CERTIFICATE DATED: 23.04.1997 WHICH IS PRODUCED AS PER ANNEXURES- B AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioner has sought for the following relief:
i) Issue a writ of mandamus or any other writ, order or direction, directing the respondents to execute the deed of absolute sale in favour of the petitioner in respect of the schedule property in furtherance of the execution of the auction site sale agreement dated 26.8.1996 as per Annexure-‘A’ and the possession certificate dated 23.4.1997 which is produced as per Annexures ‘B’.
i. Grant cost of this petition.
2. Respondent No.1 has not passed any order on the petitioner’s grievance and matter is pending consideration. Respondent No.1 is hereby directed to pass a speaking order on the petitioner’s grievance and communicate the decision, in the event of petitioner is not entitled for the relief sought relating to execution of the deed of absolute sale in favour of the petitioner in respect of the schedule property in furtherance of execution of auction sale agreement dated 26.8.1996 r/w possession certificate dated 23.4.1997 vide Annexures-A and B respectively. Such a decision shall be communicated to the petitioner within a period of six weeks from the date of receipt of copy of this order. If the petitioner is entitled to relief sought in the present petition, necessary process shall be completed within a period of three months from the date of this order.
3. Accordingly, writ petition is disposed of.
Sd/- JUDGE BS