Dismissed

Sri S Sathyanarayana v. the State of Karnataka

Karnataka HC28 Mar 2023WP/4156/2023

Case brief

AI extract

What is this about?

The petitioner sought rectification of measurement errors in a BDA sale deed via representation. The Court was approached via a writ petition. The respondent-BDA agreed to look into the grievance, leading to the dismissal of the writ petition. Compliance time given.

What did the court decide?

Writ petition disposed off. Respondent-BDA directed to look into the grievance regarding rectification of measurement mistakes in the sale deed within three months.

Sri S Sathyanarayana Vs the State of… — Contract and Commercial Disputes | Karnataka HC (2023)

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WP No. 4156 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 4156 OF 2023 (BDA)

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BETWEEN:

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SRI. S. SATHYANARAYANA, S/O SRI G. SRINIVASA MURTHY, AGED ABOUT 73 YEARS, R/AT: NO 21-22, 6TH CROSS, SWIMMING POOL EXTENSION, SUDHINDRANAGAR, MALLESWARAM, BANGALORE - 560 003.

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…PETITIONER

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(BY SRI. SRIKANTH M., ADVOCATE) AND:

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, VIKAS SOUDHA, AMBEDKAR VEEDHI, BANGALORE - 560 001, REPRESENTED BY ITS SECRETARY.

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THE BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE - 560 020, REPRESENTED BY ITS COMMISSIONER.

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…RESPONDENTS

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(BY SRI. R SRINIVASA GOWDA., AGA FOR R1; SRI. AJAY KUMAR M PANEL., ADVOCATE FOR R2)

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THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENT. DIRECTING THE R-2 TO

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WP No. 4156 of 2023

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CONSIDER THE REPRESENTATION AT ANNEXURE-G DATED 31/05/2022, FOR THE EXECUTION OF THE RECTIFICATION DEED. DIRECT THE R-2 TO EXECUTE THE RECTIFICATION DEED BY RECTIFYING THE MISTAKE OF MEASUREMENT WHICH IS SHOWN AS EAST TO WEST 25 PLUS 24 1/2 FEET INSTEAD OF EAST TO WEST 25, AND TOTAL MEASUREMENT AS 450 SQUARE FEET INSTEAD OF 500 SQ. FEET IN THE REGISTERED SALE DEED DATED 31/12/2018 VIDE ANNEXURE-D AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The short grievance of the petitioner-an allottee of the BDA site in question is as to non-consideration of his representation dated 31.05.2022 (Annexure-G) wherein he has sought for rectification of measurements mentioned in the Sale Deed.

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After service of notice, learned AGA appears for the respondent-State, learned Panel Counsel Sri. Ajay Kumar.M appears for the respondent-BDA. Both they oppose the petition contending that the remedy for the petitioner lies in ordinary civil remedy through a suit in terms of Section 26 of the Specific Relief Act, 1963 and not by way of representation. Having so contended, learned Senior Panel counsel appearing for the BDA now agrees to instruct his client to look into the grievance of

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WP No. 4156 of 2023

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the petitioner as has been aired in the subject representation in accordance with law and in a time bound way. This is appreciable.

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In view of the above, the Writ Petition is disposed off. Time for a compliance is three months. All contentions are kept open.

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It is open to the BDA to solicit any information/documents from the side of the Petitioner for due consideration of his Representation. However, in the guise of such solicitation, no delay shall be brooked.

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Costs made easy.

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Sd/JUDGE

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VS List No.: 1 Sl No.: 24 CT:STK

Sri S Sathyanarayana v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri S Sathyanarayana v. the State of Karnataka

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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