IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.8814/2019 (GM-ST/RN) BETWEEN:
SMT NAGARATNAMMA W/O LATE N S RAMA MURTHY AGED ABOUT 66 YEARS NO.52/17/1, 51ST CROSS SIDDARAMANA DINNE, 4TH BLOCK, RAJAJINAGAR, BANGALORE-560010 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) …PETITIONER (BY SRI. MURALIDHAR H M, ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA DR B R AMBEDKAR VEEDHI BANGALORE-560001 REPRESENTED BY ITS CHIEF SECRETARY 2. ADDITIONAL SUB REGISTRAR BANGALORE NORTH TALUK BANGALORE 3. CO OPERATIVE DEVELOPMENT OFFICER & OFFICIAL LIQUIDATOR THE MALLESWARAM TAILORING CO OPERATIVE SOCIETY LIMTIED ATTACHED TO THE OFFICE OF THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, BANGALORE NORTH TALUK MARGOSA ROAD, MALLESWARAM BANGALORE-560 003 …RESPONDENTS (BY SRI. V SHIVAREDDY, HCGP FOR R1 & 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DATED 16.8.2018 OF THE R-3 VIDE ANNEXURE-K AND CONSEQUENTLY TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE R-3 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 1.8.2018 VIDE ANNEXURE-G AND TAKE SUCH STEPS NECESSARY FOR GETTING THE SALE DEED DATED 28.5.1983 PRODUCED AT ANNEXURE-C, REGISTERED WHICH IS KEPT PENDING FOR REGISTRATION BEFORE THE R-2 AS NO.P.1129/108-84 AND HANDOVER THE SALE DEED TO THE PETITIONER AS HAS BEEN DONE IN THE CASE OF SMT.SHAILAJA, AS PER ANNEXURE-J DATED 2.12.2015 PURSUANT TO THE ORDER PASSED BY THIS HON'BLE COURT IN W.P.NO.5309/2013.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. H.M.Muralidhar, learned counsel for the petitioner.
Mr.V.Shivareddy, learned H.C.G.P. for respondents 1 and 2.
2. Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, petitioner inter alia has prayed for the following reliefs:
“(i) quashing the communication dated 16.08.2018 of the 3rd respondent vide Annexure-K and consequently to issue writ in the nature of mandamus to the 3rd respondent to consider the representation of the petitioner dated 01.08.2018 vide Annexure-G and take such steps necessary for getting the Sale Deed dated 28.05.1983 produced at Annexure-C, registered, which is kept pending for registration before the 2nd Respondent as No.P.1129/108-84 and handover the Sale Deed to the petitioner as has been done in the case of Smt.Shailaja, as per Annexure-J dated 02.12.2015, pursuant to the Order passed by this Hon’ble Court in W.P.No.5309/2013, or (ii) in the alternative, pass such other order/s as this Hon’ble Court deem fit to pass on the facts and in the circumstances of the case.”
4. When the matter was taken up today, learned counsel for the parties jointly submitted that the controversy involved in the petition is squarely covered by an order dated 27.07.2015 passed in W.P.No.5309/2013.
5. In view of the aforesaid submissions and for the reasons assigned in the order dated 27.07.2015 passed in W.P.No.5309/2013, this writ petition is also disposed off on same terms and with similar directions.
Sd/- JUDGE Snb/