Allowed

Smt. Sharadamma v. Bangalore Development Authority

Karnataka HC9 Mar 2023WP/1861/2023

Case brief

AI extract

What is this about?

In WP No. 1861 of 2023, the High Court of Karnataka, on a fresh application to quash an endorsement, passed an order allowing the petition to align with a similar disposition made in WP No. 24165/2022 regarding rectification of a deed by the respondent society.

What did the court decide?

The endorsement dated 19.2.2022 issued by Respondent No. 2 is permitted to execute a deed of rectification regarding site No. 430 within eight weeks from receipt of this order.

Smt. Sharadamma Vs Bangalore Development Authority — Writ and Judicial Review | Karnataka HC (2023)

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1 - WP No. 1861 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1861 OF 2023 (CS-RES)

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BETWEEN:

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SMT. SHARADAMMA W/O LATE JAVARE GOWDA AGED ABOUT 74 YEARS RESIDING AT NO.16/32 16^TH MAIN ROAD, 4^TH ‘B’ BLOCK NANDINI LAYOUT BENGALURU - 560 056

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…PETITIONER

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(BY SRI. GIRISH KUMAR.B.M., ADVOCATE)

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AND:

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BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK BENGALURU - 560 020 REPRESENTED BY ITS COMMISSIONER

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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THE AIRCRAFT EMPLOYEES CO-OPERATIVE SOCIETY LTD SITUATED AT NO.15 1^ST ‘C’ CROSS, 3^RD FLOOR C.K.C GARDEN, OPP. B.I.O HOSPITAL K.H. ROAD (DOUBLE ROAD) BENGALURU - 560 027 REP. BY ITS SECRETARY

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…RESPONDENTS (BY SRI. VASANTHA, ADVOCATE FOR SRI. K. KRISHNA., ADVOCATE FOR R1; SRI. KARTHIK.K.C., ADVOCATE FOR SRI. NISHANTH., ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, QUASHING THE

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WP No. 1861 of 2023

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ENDORSEMENT DATED 19.02.2022 BEARING NO. A.E.H.B.C.S/393 VIDE ANNEXURE-E ISSUED BY 2^ND RESPONDENT AND ETC.

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking for the

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following reliefs:

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a. Issue a Writ in the nature of Certiorari or any other writ, quashing the endorsement dated 19.02.2022 bearing No.A.E.H.B.C.S/393 vide Annexure-E issued by 2^nd respondent.

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b. Issue a Writ in the nature of Mandamus or any other appropriate writ, directing the 2^nd respondent to effect necessary rectification in the Sale Deed dated 14.7.2003 vide Annexure-A in favour the petitioner.

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c. Pass such other Order/s or grant such other relief/s as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.

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The petitioner as also counsel for the respondent submit that, the similar matter has been disposed of by order dated 10.1.2023 in WP No.24165/2022 and submit that the similar order to be passed in the present matter. In view thereof, I pass the following;

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ORDER

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i. Writ petition is allowed.

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WP No. 1861 of 2023

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ii. Endorsement dated 19.2.2022 vide Annexure-E issued by a respondent No.2 permitted to execute a deed of rectification in respect of site No.430, measuring 1200 sq. ft. at Block-C in the layout formed by a respondent No.2 at Begur Village, Begur Hobli, Bengaluru South Taluk, Bengaluru in accordance with law within a period of eight weeks from the date of receipt of copy of this order.

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Sd/JUDGE

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SR List No.: 1 Sl No.: 8

Smt. Sharadamma v. Bangalore Development Authority

Case brief

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Smt. Sharadamma v. Bangalore Development Authority

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