Allowed

N Rajashekar v. Bengaluru Development Authority (Bda)

Karnataka HC5 Jul 2022WP/4469/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction under Articles 226 and 227 of the Constitution of India for the Respondent to locate and demarcate his allotted site and display the site number board, as the allotment deed did not enable such identification.

What did the court decide?

Direction to the Respondent to locate the petitioner's site, demarcate the boundaries, and display the site number board within six weeks from the date of receipt of the order.

N Rajashekar Vs Bengaluru Development Authority (Bda) — Property and Title | Karnataka HC (2022)

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WP No. 4469 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JULY, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4469 OF 2021 (BDA)

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BETWEEN:

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N. RAJASHEKAR S/O A. NANJUNDAPPA AGED ABOUT 59 YEARS R/AT NO.409, 2^ND CROSS 2^ND BLOCK, 3^RD STAGE 3^RD PHASE, BANASHANKARI BANGALORE-560085 (BY SRI. SHANKARANARAYANA BHAT.B, ADVOCATE FOR SRI. S.N.BHAT, ADVOCATE)

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…PETITIONER

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AND:

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BENGALURU DEVELOPMENT AUTHORITY (BDA) KUMARA PARK WEST BANGALORE-560020 REP. BY ITS COMMISSIONER

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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…RESPONDENT (BY SRI.UNNIKRISHNAN.M, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO WHEREFORE IT IS PRAYED BEFORE THIS HON’BLE COURT TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO LOCATE THE PETITIONER’S SITE AND DISPLAY THE SITE NUMBER BOARD IN THE DEMARCATED SCHEDULE PROPERTY IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY THE COURT MADE THE FOLLOWING:

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WP No. 4469 of 2021

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ORDER

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The petitioner is before this Court seeking for the following relief:

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“Wherefore it is prayed before this Hon’ble Court to issue a writ of mandamus directing the respondent to locate the petitioner’s site and display the site number board in the demarcated schedule property in the interest of justice and equity.”

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The petitioner was allotted site measuring 9 x 12 mtrs in Banashankari VI Stage, 4^th T Block bearing site No.853. Though schedule has been annexed to the sale deed, the petitioner on trying to locate the property was unable to do so. Hence, the petitioner had requested the respondent to locate the site and display the site number on the property vide notice dated 6.12.2019, despite which respondent has not acted.

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Admittedly, the respondent has executed a sale deed in respect of Site No.853 in favour of the petitioner. In view thereof, I am of the considered opinion that it is the duty of the respondent-Bangalore Development Authority to locate the property, demarcate the

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WP No. 4469 of 2021

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boundaries and display the site number on the said property. Hence, the respondent is directed to do the needful in terms of the above within a period of six weeks from the date of receipt of the copy of this order.

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Petition is accordingly allowed.

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Sd/JUDGE

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N Rajashekar v. Bengaluru Development Authority (Bda)

Case brief

What is this about?

What did the court decide?

N Rajashekar v. Bengaluru Development Authority (Bda)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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