Sri. S Lakshminarayana Vs the Commissiner

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NC: 2025:KHC:47048 WP No. 12282 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF NOVEMBER, 2025 BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.12282 OF 2025 (BDA)

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BETWEEN:

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SRI S. LAKSHMINARAYANA S/O SIDDAIAH, AGED ABOUT 52 YEARS, R/AT NO.1896, THAHI TAHNDE NILAYA, 2^ND STAGE, KUMARASWAMY LAYOUT, BENGALURU-560 078. …PETITIONER

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(BY SRI SUNDARESH H.C., ADVOCATE)

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AND:

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THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PART WEST, BENGALURU-560 020.

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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THE DEPUTY SECRETARY, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PART WEST, BENGALURU-560 020. …RESPONDENTS

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(BY SRI AJAY KUMAR M., ADVOCATE FOR R-1 & R-2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONERS DATED 23-09-2020 AS PER ANNEXURE-H FOR EXECUTING ABSOLUTE SALE DEED IN RESPECT OF THE PROPERTY BEARING NO.278, 74^TH CROSS, KUMARSWAMY LAYOUT 1^ST STAGE, WARD NO.55, PADMANABHANAGARA WITH RCC HOUSE, PID NO.55848-278, MEASURING 17.44 SQ.MTRS, PURSUANT TO SALE DEED DATED 30-08-2018 AS PER ANNEXURE-E.

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2 - NC: 2025:KHC:47048 WP No. 12282 of 2025

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HC-KAR

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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The petitioner has approached this Court seeking a writ of mandamus directing the respondents to consider his representation dated 23.09.2020 (Annexure-H), whereby he sought for execution of an absolute sale deed in respect of site/property No.278, situated at I stage, 74^th cross, Kumarswamy layout, pursuant to the lease-cumsale agreement dated 30.10.2018 (Annexure-E).

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Heard learned counsel for the petitioner and learned counsel for the respondents-Bengaluru Development Authority (BDA).

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Brief facts:

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The grievance of the petitioner is that though the property was originally allotted to one Suban Saab son of Mohammad Gouse, under the allotment letter dated 04.09.1978 and lease-cum-sale agreement was executed

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HC-KAR

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by the BDA on 18.10.1982 and though the petitioner subsequently purchased the property after expiry of the lease period under a registered sale deed dated 30.08.2018, the BDA has not acted upon his request for execution of the absolute sale deed.

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It is further submitted that the Special Task Force (STF) has already submitted a report recommending execution of the sale deed and the petitioner’s

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representation has remained unattended.

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Learned counsel for the petitioner places reliance on the judgment of the Co-ordinate Bench of this Court in the case of Sri John Barnabas Vs. The Commissioner BDA and Another¹ (Sri John Barnabas) , wherein similarly placed applicants were granted relief.

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6. Per contra, learned counsel for the respondents-BDA submits that the petitioner's

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1 W.P.No.1739/2025 D.D. 02.04.2025

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4 - NC: 2025:KHC:47048 WP No. 12282 of 2025

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HC-KAR

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representation so submitted will be considered, in accordance with law, within a time bound manner.

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Without expressing any opinion on the merits of

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the matter, this Court feels it appropriate to direct the respondents to consider the petitioner’s representation. Accordingly, this Court pass the following:

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ORDER

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i. The writ petition is disposed of.

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ii. The respondents-BDA are directed to consider the petitioner's representation dated 23.09.2020 for execution of the absolute sale

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deed in his favour bearing in mind the report submitted by the STF on 11.10.2022, the opinion of a law officer dated 17.12.2022 and the order passed by this Court in Sri John Barnabas’s case, and pass appropriate orders in accordance with law, within a period of three

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NC: 2025:KHC:47048 WP No. 12282 of 2025

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