The Karnataka High Court dismissed a writ petition where the petitioner sought a sale deed for a larger land measurement claimed according to an auction letter, but had accepted a reduced measurement in a 1992 sale agreement. The court held the petition failed due to delay and laches.
petition dismissed on the grounds of delay and laches.
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WP No. 2669 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 2669 OF 2017 (BDA)
BETWEEN:
SRI D PRABHAKARA RAO S/O LATE VENKOBA RAO, AGED 76 YEARS, NO. 219, 3RD CROSS, C.T.BED, BSK 2ND STAGE, BENGALURU- 560 078.
…PETITIONER
(BY SRI. JAGADEESHACHARI, ADVOCATE)
AND:
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, BENGALURU - 560 020.
…RESPONDENT
Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka
(BY SRI. K KRISHNA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE RESPONDENT TO ISSUE SALE DEED AS PER ALLOTMENT LETTER DATED 06.03.1989 TO THE MEASUREMENT OF 77.52 SQ.METERS OF SITE NO.219, 3RD CROSS, C.T. BED, BSK 2ND STAGE, BANGALORE TO THE PETITIONER FORTHWITH; AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING
WP No. 2669 of 2017
O R D E R
The petitioner has sought for following relief:
petitioner contended that the site No.219 mentioned in the auction letter dated 06th March, 1989 was allotted to the petitioner herein showing the dimension as 77.52 sq.mtr., however, at the time of the agreement, entered into between the petitioner and the respondent-BDA on 07th July, 1992, it was reduced to 73.58 sq.mtrs. and therefore, the petitioner has made a representation as per Annexure-E dated 20th December, 2016 and same has to be considered by the respondent-BDA.
WP No. 2669 of 2017
WP No. 2669 of 2017
mentioned by the Engineering Section of the respondent-BDA. It is also noticed that the adjacent Site No.218 of Banashankari II Stage is allotted to one R. Nataraj on 17th October, 1978, much earlier to the auction of the subject site No.219 and therefore, the writ petition deserves to be dismissed on the ground of delay and laches. Consideration of the representation at the belated stage, i.e. after an inordinate delay of 24 years by the respondent-BDA, cannot be accepted, as the petitioner has accepted the sale agreement dated 07th July, 1992 as per Annexure-B wherein it is reflected that the total dimension of the area is 73.58 sq.mtrs. In that view of the matter, petition fails and accordingly, dismissed.
Sd/JUDGE
LNN List No.: 1 Sl No.: 93
1 issue framed by the court
Whether the petitioner is entitled to claim the original auction measurement of the land despite having accepted a reduced measurement in the sale agreement after an inordinate delay.
1 provisions across 1 enactments
Sri D Prabhakar Rao
Commissioner Bangalore Development Authority
E.S. Indiresih
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
