The main legal point established in the judgment is that disputes involving determination of disputed questions of facts should be adjudicated by the Registrar of Co-operative Societies under Section 70 of the Karnataka Co-operative Societies Act, 1959.

JUDGMENT

P. Krishna Bhat, J. - The petitioners claiming to be owners of house sites in the layout formed by respondent No.4-Society have approached this Court seeking the following reliefs:

a. a writ of mandamus or a writ or order or direction of appropriate nature directing the respondents to initiate action to recover possession in respect of 4 sites referred to above from the persons in unauthorized occupation with a direction to put the petitioners in possession after taking possession.

b. xxx xxx

c. Direct the respondents to put the petitioner No.1 in possession of

[i] site Nos.3270 and 3271 carved in Survey Nos.16 to 19 of Gerehally and Survey Nos.103/1, 103/2, 104/2, 105 and 106 of Hosakerehally Village, Uttarahalli Hobli, Bangalore South Taluk by Vishwabharathi House Building Co-operative Society Ltd., in IV phase of Girinagar, Bangalore-560 085, bounded on the east by: road, west by: portion of site Nos.3309 and 3308, north by: site No.3269 and south by: site No.3272 measuring 40' x 40', all measuring 1600 sq. ft., after evicting the person in unauthorized occupation.

[ii] direct the respondents to put the petitioner No.2 in possession of site No.3269 carved in Survey Nos.16 to 19 of Gerehally and Survey Nos.103/1, 103/2, 104/2, 105 and 106 of Hosakerehally Village, Uttarahalli Hobli, Bangalore South Taluk by Vishwabharathi House Building Co-operative Society Ltd., in IV phase of Girinagar, Bangalore-560 085, bounded on the east by: road, west by: portion of site Nos.3309 and 3310, north by: site No.3268 and south by: site No.3270, measuring 40' x 20', all measuring 800 sq. ft., after evicting the person in unauthorized occupation.

[iii] direct the respondents to put the petitioner No.3 in possession of site No.3282 carved in Survey Nos.16 to 19 of Gerehally and Survey Nos.103/1, 103/2, 104/2, 105 and 106 of Hosakerehally Village, Uttarahalli Hobli, Bangalore South Taluk by Vishwabharathi House Building Co-operative Society Ltd., in IV phase of Girinagar, Bangalore-560 085, bounded on the east by: road, west by: site No.3301, north by: site No.3281 and south by: site No.3283 measuring 40' x 20', all measuring 800 sq. ft., after evicting the person in unauthorized occupation.

2. Petitioner No.1 claims that he has purchased site Nos.3270 and 3271, petitioner No.2 claims that she has purchased site No.3269 and petitioner No.3 claims that he has purchased site No.3282 in the said layout. They further averred that in spite of specific direction issued by a learned Division Bench of this Court in Writ Petition No.18496 of 2007 (La-BDa) and connected matters disposed of 16-11-2010 (annexure-D), the respondents have not cleared the encroachment and unauthorised occupants and handed over the vacant possession of house sites to the petitioners and thereby, they have failed in discharging their duties.

3. In support of their prayers, the petitioners have also produced title deeds as per annexures-a, B and C.

4. Respondent No.1-Bangalore Development authority (for short, 'BDa') has filed its detailed statement of objections. It has contended that the petitioners are claiming that they are the members of respondent No.4-Society. The Society has formed the layout and therefore, the petitioners should seek their redressal under Section 70 of the Karnataka Co-operative Societies act, 1959. Respondent No.1 has stated that respondent No.4-Society has allotted the same sites to different persons and such persons are already in possession of the house sites and they have constructed houses therein, after obtaining sale deeds from the Society. It has also stated that BDa has issued acquisition notification to acquire the land in Survey Nos.16 to 19 of Gerehally and Survey Nos.103/1, 103/2, 104/2, 105 and 106 of Hosakerehalli Village along with certain other lands for the purpose of formation of Banashakari 3rd Stage layout as per preliminary no