IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.7702 OF 2015 (GM-RES) BETWEEN:
S.H.A. RIZVI S/O MR.A.H.RIZVI AGED ABOUT 74 YEARS RESIDING AT NO.15 REHENIUS STREET RICHMOND TOWN BANGALORE-560 025 (BY SRI.NISAR SAB, ADV.) AND:
1. THE SUB REGISTRAR OFFICE OF THE SUB-REGISTRAR KENGERI, BANGALORE-560 060 … PETITIONER 2. M/S.SANJANA BUILD TECH PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO.1616(84), 8TH MAIN ROAD, JAYANAGAR 3RD BLOCK BANGALORE-560 011 REPRESENTED BY ITS DIRECTOR SMT.SUMITHRA BAI ...RESPONDENTS (BY SRI.Y.D.HARSHA, AGA FOR R1;
R2 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO CONSIDER CANCELLATION OF THE GENERAL POWER OF ATTORNEY, AND CONSEQUENT JOING DEVELOPMENT AGREEMENT VIDE ANNEXURE-A AND E TO STOP THE FURTHER ILLEGAL ACTS AND DEEDS OF THE R-2 AND PASS APPROPRIATE ORDERS IN THE LIGHT OF THE FACT THAT ABSOLUTE TITLE IN THE SAID LAND VEST IN HIM AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner seeks for a direction to respondent No.1 to consider cancellation of the General Power of Attorney and consequent Joint Development Agreement Annexure A and E to stop the further illegal acts and deeds of respondent No.2 and pass appropriate orders in the light of the fact that absolute title in the said land vest in him.
2. On perusal of records, I deem it appropriate to dispose of the writ petition with liberty to the petitioner that in case a fresh representation is made by him to the competent authority with regard to his grievance within a period of two weeks from the date of receipt of the certified copy of the order passed today, the same shall be dealt with by the competent authority in accordance with law within a period of four months from the date of receipt of such representation. Ordered accordingly.
3. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE dn/-