Sri E Rajendran Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2025)

Sri E Rajendran Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to Respondent No.1-Commissioner, Bengaluru Development Authority to consider the petitioner's representations dated 29.12.2007 (Annexure-F) and 16.12.2019 (Annexure-G), afford an opportunity to the petitioner if required, and pass an appropriate reasoned order regarding issuance of possession and khata certificates within eight weeks from receipt of the certified copy of the order; no opinion expressed on merits.

Issue for consideration

Whether the respondents are to be directed to consider the petitioner's representations dated 29.12.2007 (Annexure-F) and 16.12.2019 (Annexure-G) for issuance of possession certificate and khatha certificate in respect of Site No.1011, 4th T Block, further extension BSK 6th Stage, allotted vide allotment letter dated 03.02.2004 and covered by sale deed dated 27.07.2006.

Court's answer

Non-consideration of the petitioner's representations after execution of an absolute sale deed in his favour amounts to a failure to discharge statutory obligation.

Ratio / Principle

The long inaction on the part of the respondents in attending to the representations is not justified.

Key takeaways

The question whether the petitioner is entitled to possession and khata certificates is a matter to be examined by the respondent-authority upon verification of its records; the Court expressly made clear that it has not expressed any opinion on the merits of the case.obiter¶¶33
Respondent No.1-Commissioner, Bengaluru Development Authority was directed to consider the representations dated 29.12.2007 (Annexure-F) and 16.12.2019 (Annexure-G), afford the petitioner an opportunity if required, and pass an appropriate reasoned order regarding issuance of possession and khata certificates within a period of eight weeks from the date of receipt of the certified copy of the order.ratio¶¶41

Detailed headnote1 paragraphs

High Court of Karnataka (Mrs. Justice K.S. Hemalekha) — Writ Petition No.6069 of 2023 (BDA), filed under Articles 226 and 227 of the Constitution of India, disposed of on 20 November 2025. The petitioner, allottee of Site No.1011 (measuring 20x30 feet), 4th T Block, further extension BSK 6th Stage layout, under allotment letter dated 03.02.2004, whose absolute sale deed was executed by the BDA on 27.07.2006 after deposit of the entire sital value, had sought consideration of his representations dated 29.12.2007 (Annexure-F) and 16.12.2019 (Annexure-G) for issuance of possession and khata certificates, which remained unattended for several years. The Court held that non-consideration of such representations after execution of an absolute sale deed amounts to a failure to discharge statutory obligation, and that the long inaction of the respondents was not justified, while leaving the question of the petitioner's entitlement to be examined by the authority upon verification of its records and expressly recording no opinion on the merits. Respondent No.1-Commissioner, BDA was directed to consider the representations, afford the petitioner an opportunity if required, and pass an appropriate reasoned order within eight weeks from receipt of the certified copy of the order.

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NC: 2025:KHC:48055 WP No. 6069 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO.6069 OF 2023 (BDA)

BETWEEN:

SRI E. RAJENDRAN S/O LATE N. YELUMALAI AGED ABOUT 53 YEARS, R/AT NO.401, 2^ND B CROSS, 3^RD STAGE, 3^RD BLOCK, BASAVESHWARANAGAR, BENGALURU-560079. …PETITIONER

(BY SRI SUNDARESH H.C., ADVOCATE)

AND:

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

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

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

THE COMMISSIONER, BBMP, N.R. SQUARE, BENGALURU-02.

(AMENDMENT CARRIED OUT AS PER THE ORDER DATED 20.03.2023) …RESPONDENTS

(BY SRI B. VACHAN, ADVOCATE FOR R-1 & R-2; SRI B.S. KARTHIKEYAN, ADVOCATE FOR R-3)

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NC: 2025:KHC:48055 WP No. 6069 of 2023

HC-KAR

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 PETITIONER DATED 29.12.2007 AND 16.12.2019 AS PER ANNEXURE-F AND G RESPECTIVELY FOR ISSUING POSSESSION CERTIFICATE AND KHATHA CERTIFICATE IN RESPECT OF SITE NO.1011 SITUATED AT 4^TH T BLOCK. FURTHER EXTENSION OF BSK 6^TH STAGE PURSUANT TO ALLOTMENT LETTER DATED 03.02.2004 AS PER ANNEXURE-A AND SALE DEED DATED 27.07.2006 AS PER ANNEXURE-D.

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

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

ORAL ORDER

The petitioner has approached this Court seeking a writ of mandamus directing the respondents to consider his representations dated 29.12.2007 (Annexure-F) and 16.12.2019 (Annexure-G) for issuance of possession and khata certificates in respect of site No.1011, measuring 20x30 feet situated at 4^th T block, further extension BSK 6^th stage layout, allotted to him under the allotment letter dated 03.02.2004 and covered by the sale deed dated 27.07.2006.

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NC: 2025:KHC:48055 WP No. 6069 of 2023

HC-KAR

Heard the learned counsel for the petitioner and

learned counsel for the respondents.

Material on record discloses that the petitioner was allotted site in the year 2004, deposited the entire sital value, and the Bengaluru Development Authority (BDA) executed an absolute sale deed in his favour on 27.07.2006. The petitioner gave representations seeking issuance of possession and khata certificates. But his representations have remained unattended for several years. Non-consideration of the such representations after execution of an absolute sale deed, amounts to a failure to discharge statutory obligation.

The question as to whether the petitioner is entitled to possession and khata certificates is a matter to be examined by the respondent-authority upon verification of its records. However, the long inaction on the part of the respondents is not justified.

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NC: 2025:KHC:48055 WP No. 6069 of 2023

HC-KAR

In the circumstances, this Court is of the

considered opinion that ends of justice would be met if necessary directions are issued to the respondents to consider the petitioner's representations and pass appropriate orders. Accordingly, this Court pass the following:

ORDER

i. The writ petition is disposed of .

ii. Respondent No.1-Commissioner, Bengaluru Development Authority is directed to consider the petitioner's representations dated 29.12.2007 (Annexure-F) and 16.12.2019 (Annexure-G), afford an opportunity to the petitioner if required, and pass an appropriate reasoned order regarding the issuance of possession and khata certificates, within a period of eight weeks from the date of receipt of the certified copy of this order.

NC: 2025:KHC:48055 WP No. 6069 of 2023

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HC-KAR

iii. It is made clear that this Court has not expressed any opinion on the merits of the case.

Sd/-

JUSTICE K.S. HEMALEKHA

AT

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