IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.806 OF 2019(GM-RES) BETWEEN:
SRI. KRISHNA V PATIL S/O. VASANTHA RAO R. PATIL, AGED ABOUT 48 YEARS, RESIDING AT NO. 2501, 2ND FLOOR, OPP. LANE OF STERLING PARK APARTMENT IN GATE, KODIGEHALLI MAIN ROAD, "E" BLOCK, SAHAKARANAGAR, BENGALURU-560 092. ..PETITIONER (BY SRI ANANDA K., FOR SRI JAGADEESH MUNDARAGI, ADVOCATES) AND:
THE HOUSING COMMISSIONER KARNATAKA HOUSING BOARD 3RD AND 4TH FLOOR, CAUVERY BHAVANA, K.G. ROAD, BENGALURU-560 009. ..RESPONDENT (BY SRI M N RAMANJANEYA GOWDA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
DIRECT THE RESPONDENT TO EXECUTE THE SALE DEED IN FAVOUR OF PETITIONER IN RESPECT OF SITE NO.1113/B IN LAYOUT FORMED AT SURYANAGAR-II PHASE, BENGLAURU.
DIRECT THE RESPONDENT TO RETURN THE EXCESS AMOUNT OF Rs.50,750/- COLLECTED BY THE PETITIONER.
AWARD THE COST OF THIS PETITION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING `B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr.Ananda K., learned counsel on behalf of Mr.Jagadeesh for the petitioner.
Mr.M.N.Ramanjaneya Gowda, learned counsel for the respondent.
2. Petition is admitted for hearing.
3. With the consent of the learned counsel for the parties, petition is heard finally.
4. In this petition, petitioner has sought for the following reliefs:
“(a) Issue an order, direction or writ in the nature of writ of mandamus directing the respondent to execute the sale deed in favour of petitioner in respect of site No.1113/B in layout formed at Suryanagar- II Phase, Bengaluru.
(b) Issue an order, direction or writ in the nature of writ of mandamus directing the respondents to return the excess amount of Rs.50,750/- collected by the Petitioner.”
5. When the matter is taken up today, learned counsel for the petitioner invited attention of this Court to the averments made in paragraphs 5 and 6 of the Statement of Objections and submits that the petitioner is ready and willing to pay a sum of Rs.8,253/- for the extra area ad measuring 1031.73 sq. ft. and sale deed be executed in his favour.
6. On the other hand, learned counsel for the respondent submits in case petitioner pays a sum of Rs.8,253/- per sq. ft. for the extra area, sale deed in respect of site No.1113/B shall be executed in his favour.
7. In view of the aforesaid submission, writ petition is disposed of with a direction that in case petitioner deposits the amount in respect of extra area ad measuring 1031.73 sq. ft. as per rate mentioned in paragraphs 5 and 6 of the statement of objections within a period of four weeks, sale deed shall be executed in favour of petitioner in respect of Site No.1113/B within a period of four weeks thereafter.
Accordingly petition is disposed of.
Sd/- JUDGE SBN