Disposed

Shri K Prabhakar v. the State of Karnataka

Karnataka HC12 Nov 2024WP/32589/2018

Case brief

AI extract

What is this about?

This writ petition under Articles 226 and 227 of the Constitution sought a writ of mandamus directing respondents to execute a registered sale deed. The court disposed of the petition because no order could be passed until a related affidavit matter (WA No.26 of 2024) was disposed of, reserving liberty to approach again post-disposal.

What did the court decide?

Petition disposed of, reserving liberty to approach Court after disposal of related proceeding WA No.26 of 2024.

Shri K Prabhakar Vs the State of Karnataka — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:45869 WP No. 32589 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32589 OF 2018 (CS-RES)

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BETWEEN:

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SHRI K PRABHAKAR S/O KRISHNAMURTHY AGED ABOUT 51 YEARS R/O NO.312-A, 4^TH CROSS, SHARADA DEVI NAGAR, MYSORE-570 022

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…PETITIONER

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(BY SRI. NATARAJ BABA .K., ADVOCATE FOR SRI. SHANMUKHAPPA.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT M S BUILDINGS, BENGALURU-560 001

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, ALI ASKAR ROAD, BENGALURU-560 001

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KARNATAKA JUDICIAL DEPARTMENT EMPLOYEE’S HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., HIGH COURT BUILDING, BENGALURU-560 001 REPRESENTED BY ITS PRESIDENT

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…RESPONDENTS

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(BY SRI. YOGESH D. NAIK., AGA FOR R1 & R2; SMT. B.V. VIDYULATHA.,ADVOCATE FOR R3)

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2 - NC: 2024:KHC:45869 WP No. 32589 of 2018

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTIONS IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 26.12.2016 AND 25.10.2017 VIDE ANNEXURE-A AND B AND EXECUTE THE REGISTERED SALE DEED IN FAVOR OF THE PETITIONER IN RESPECT OF THE SCHEDULE SITE AND ETC..

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THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL 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, Order or Directions in the nature of Mandamus directing the Respondents to consider the representation dated 26.12.2016 and 25.10.2017 vide Annexure-A and B and execute the registered Sale Deed in favour of the Petitioner in respect of the Scheduled Site;

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b. Issue any other appropriate Writ, Order or Directions as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.

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Learned counsel for respondent No.3 submits that until a plan is sanctioned by the Bangalore Development Authority (BDA), no allotment could be made and the issue regarding the plan sanction was pending in WA No.26 of 2024.

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3 - NC: 2024:KHC:45869 WP No. 32589 of 2018

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Learned counsel for the Petitioner submits that the petitioner would be filling an impleading application in the said pending proceedings.

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If that be so, since no order can be passed in the present petition which is for mandamus until WA No.26 of 2024 is disposed and until disposed favourably to the respondent No.3, no direction could be issued to respondent No.3.

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With the above observation, the petition stands disposed of , reserving liberty to the petitioner to once again approach this Court after the disposal of

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WA No. 26 of 2024.

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SD/(SURAJ GOVINDARAJ) JUDGE

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SR List No.: 1 Sl No.: 47

Shri K Prabhakar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri K Prabhakar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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