IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.36021/2016 (BDA) BETWEEN:
SRI. S.P. SATYANARAYANA GUPTA AGED ABOUT 63 YEARS S/O SRI. S. PUTTA ANJAIAH RESIDING AT NO.163-D-32/1, TATA SILK FARM, KANAKAPURA ROAD BASAVANAGUDI, BANGALORE – 560 004.
(BY SRI. SUNDARESH H.C., ADVOCATE) AND:
BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE – 560 020 REPRESENTED BY ITS COMMISSIONER.
(BY SRI. K KRISHNA., ADVOCATE) ... PETITIONER ... RESPONDENT THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BDA TO EXECUTE THE REGISTERED ABSOLUTE SALE DEED OF THE ALLOTTED SITE NO.130 IN ARKAVATHI LAYOUT BLOCK XVIII BANGALORE, MEASURING 9X12 METRES OR TO ALLOT ANY OTHER ALTERNATE SITE MEASURING 9X12 METRES FOR SAME PRICE IN ARKAVATHI LAYOUT OR IN ANY OTHER LAYOUT/S FORMED BY THE RESPONDENT BDA IN FAVOUR OF THE PETITIONER.
THIS PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is listed for hearing on interlocutory application, it is taken up for final disposal by consent of learned Advocates appearing for the parties.
2. Heard Sri. H.C.Sundaresh, learned Advocate appearing for petitioner and Sri K Krishna, learned Advocate appearing for respondent- BDA.
3. On account of inaction of respondent in handing over possession of site No.130 formed in Arkavathy Layout, Block No.18 that too, after having received entire sale consideration amount and respondent having not executed lease-cum-sale agreement or delivered possession, petitioner is before this Court seeking writ of mandamus to the respondent to direct respondent to execute and register lease-cum- sale deed in respect of site No.130 allotted in favour of the petitioner.
4. Site allotted to the petitioner has been deleted in the re-do exercise said to have been undertaken by the BDA pursuant to the decision of Hon’ble Apex Court in BONDU RAMASWAMY AND OTHERS vs BANGALORE DEVLEOPMENT AUTHORITY AND OTHERS reported in (2010)7 SCC 129. However, there cannot be any dispute to the fact that petitioner would be entitled for allotment of an alternate site.
Hence, I proceed to pass the following:
ORDER (i) Writ petition is hereby allowed.
(ii) Writ of mandamus is issued to respondent- BDA to allot fresh site and execute lease- cum-sale deed in respect of the said site expeditiously, at any rate, within two months from the date of receipt of copy of this order.
SD/- JUDGE *sp