Dismissed¶29

Vemuri Sambashiva Rao v. the Commissioner

Karnataka HC8 Jan 2025WP/52543/2018

Case brief

AI extract

What is this about?

Writ petition dismissed as withdrawn; writ of mandamus for execution of sale deed; BDA allotment Arkavathi Layout Block VIII Site No.19 Survey No.85/10 Jakkur Village; alternative allotment site No.2239, 2nd Block, Arkavathy Layout; sale deed registered 06.05.2024; withdrawal memo dated 11.06.2024; Articles 226 and 227, Constitution of India; Justice M.G.S. Kamal; NC: 2025:KHC:437; no adjudication on merits; no precedent value.

What the court decided

AI extract

Vemuri Sambashiva Rao Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2025)

¶1

¶2

NC: 2025:KHC:437 WP No. 52543 of 2018

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08^TH DAY OF JANUARY, 2025

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 52543 OF 2018 (BDA)

¶6

BETWEEN:

¶7

VEMURI SAMBASHIVA RAO, S/O LATE VENKATARATHNAM, AGED ABOUT 66 YEARS, R/AT NO.221, JALA VAYVU VIHARA, KAMMNAHALLI MAIN ROAD, KALYANA NAGAR POST, BENGALURU - 560043.

¶8

…PETITIONER

¶9

(BY SRI. T.N. VISWANATHA, ADVOCATE)

¶10

AND:

¶11

Digitally signed by SUMA B N Location: High Court of Karnataka

¶12

THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST , BENGALURU - 560020.

¶13

THE DEPUTY SECRETARY - I, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560020.

¶14

…RESPONDENTS

¶15

(BY SRI. G. LAKSHMEESH RAO, ADVOCATE)

¶16

¶17

NC: 2025:KHC:437 WP No. 52543 of 2018

¶18

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXECUTE A REGISTERED SALE DEED IN FAVOUR OF THE PETITIONER IN RESPECT OF SITE BEARING NO.19, FORMED IN SURVEY NO.85/10, JAKKUR VILLAGE, IN THE DIMENSION OF 15 X 24 METERS AT ARKAVATHI LAYOUT, BLOCK VIII, VIDE ALLOTMENT LETTER DATED 24.06.2006, VIDE ALLOTMENT LETTER DATED 24.06.2006 ANNEXURE-B WITHIN A TIME LIMIT AS THIS HON'BLE COURT DEEMS FIT TO DIRECT, IN ORDER TO SECURE THE ENDS OF JUSTICE AND EQUITY

¶19

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

¶20

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

¶21

ORAL ORDER

¶22

Learned counsel appearing for the petitioner has filed a memo dated 11.06.2024, which is also signed by the petitioner. The memo reads as under:

¶23

"The petitioner filed this present petition seeking relief for Writ of Mandamus directing the respondents to execute a registered sale deed in favour of the petitioner in respect of site bearing No.19, formed in survey No.85/10, Jakkur Village, in the dimension of 15 X 24 Meters at Arkavathy Layout, Block VII vide allotment letter dated 24.06.2006,

¶24

¶25

NC: 2025:KHC:437 WP No. 52543 of 2018

¶26

vide allotment letter BDA/DS-1/19/ARK-BLK-VIII/2006-07 dated 24.06.2006.

¶27

During the pendency of the writ petition the parties were settle the matter and the respondent BDA allotted the alternative site No.2239 in 2^nd Block of Arkavathy Layout and registered the sale deed in favour of the petitioner on 06.05.2024. Copy of the sale deed is produced for kind reference to this Hon'ble Court.

¶28

In view of sale deed executed by the BDA/respondent this present petition will not survive. Hence permit the petitioner to withdraw the same, in the interest of justice and equity."

¶29

In view of the memo dated 11.06.2024, the writ petition is dismissed as withdrawn.

¶30

SD/(M.G.S. KAMAL) JUDGE

¶31

¶32

List No.: 1 Sl No.: 5

Vemuri Sambashiva Rao v. the Commissioner

Case brief

What is this about?

What the court decided

Vemuri Sambashiva Rao v. the Commissioner

Case brief

What is this about?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

N Jayalakshmi Vs the State of Karnataka

Sri Chikkachannappa Vs the State of Karnataka

Smt Praneshwari P K Vs the Bengaluru Development Authority

Sri Chaluvarayaswamy Dalitha Hagu Hindulida Vargadavara Kshemabhruviddi Sangha Vs the State of Karnataka

Sri. N R Amarnath Vs the Commissioner

Sri G Chikka Bayanna Vs the State of Karnataka