Petitioners sought cancellation of a site allotment in favor of R-6. Upon hearing, the BDA confirmed allotment of an alternative site (No.300-B-V) and execution of a sale deed therefor. The court found the original grievance redressed and disposed of the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF APRIL 2022
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.41884/2019 (BDA)
BETWEEN :
BOTH ARE PERMANENT RESIDENTS OF GOLLAHALLI TANDA, ANTARAHALLI POST, DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT
PRESENTLY AT 15325 NE 14TH ST VANCOUVER, WA USA- 98684 NOW IN INDIA, BENGALURU
... PETITIONERS
(BY SRI. M R VIJAYA KUMAR, ADVOCATE)
AND :
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| 2. | THE DEPUTY SECRETARY - 1 BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST T CHOWDAIAH ROAD, BENGALURU - 560020 |
|---|---|
| 3. | THE DEPUTY SECRETARY - 4 BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST T CHOWDAIAH ROAD, BENGALURU - 560020 |
| 4. | EXECUTIVE ENGINEER ENGINEERING SECTION (WEST DIVISION) BDA COMPLEX, |
| NAGARABHAVI MAIN ROAD, VIJAYANAGAR |
|
| BANGALORE - 560040 | |
| 5. | THE REVENUE OFFICER BDA COMPLEX, NAGARABHAVI MAIN ROAD, VIJAYANAGAR BANGALORE - 560040 |
| 6. | MANJUNATH S/O LATE VENKATARAMANAPPA AGED ABOUT 56 YEARS RESIDING AT MUDDAIANAPALYA (GIDADAKONENAHALLI DAKAL) VISHWANEEDAM POST, |
| YESHWANTHAPURA HOBLI, | |
| BENGALURU NORTH TALUK |
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BENGALURU NORTH TALUK BENGALURU-560091
... RESPONDENTS
(BY SRI. B.VACHAN, ADVOCATE FOR R1 TO R3; SRI. K.LOKESH, ADVOCATE FOR R6; R5 SERVED;
SRI. K.VIJAYA KUMAR, ADVOCATE FOR R7 )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO CANCEL THE ALLOTMENT AND REGISTRATION OF SITE BEARING NO.848, SITUATED AT 7TH BLOCK, SIR M VISHWESHWARAIAH LAYOUT, BENGALURU IN FAVOUR OF R-6 UNDER VIDE ANNX-K DTD 29.06.2019 AND ETC
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The petitioners have sought for the following
reliefs:
“a) Issue a writ of Certiorari, directing the 1st respondent to cancel the allotment and registration of site bearing No.848, situated at 7th Block, Sir M Vishweshwaraiah Layout, Bengaluru in favour of 6th respondent under annexure-K dated 29.06.2019;
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b) Consequently, to issue writ of mandamus directing the 2nd respondent to execute the sale deed of site bearing No.848, 7th Block, Sir M Vishweshwaraiah Layout, Bengaluru in favour of petitioners as per the allotment letter dated 14/03/2018 as per annexure-‘C’”
During the previous hearing date it was submitted
by both Sri. M.R.Vijaya Kumar, learned counsel for the petitioners and Sri. B.Vachan, learned counsel for the Bangalore Development Authority (for short, ‘ the BDA ’ ), that the petitioners’ grievance could be redressed by the BDA allotting site in No.300-B-V Block, Sir M. Vishweshwaraiah Layout, Bengaluru and upon execution of a conveyance deed therefor. It is now stated that the BDA has executed sale deed for the said site and the sale deed is also registered on 05.04.2022 in No.BDA-1-00029-2022-23 of Book I, CD
No.BDAD1038. Sri. B.Vachan further submits that possession of this site would be handed over to the petitioners without room for further litigation.
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In the light of the afore, the petition is indeed rendered infructuous as stated by Sri. B.Vachan, and the petition stands disposed of accordingly.
Sd/- JUDGE
RB
RAJA NAIK
TARA K
COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY
SRI VENKATAPA
B. M. SHYAM PRASAD
As recorded by the court registry
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