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2022 Supreme(Kar) 750

B. M. SHYAM PRASAD
M. R. Govindraju – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Jayakumar S. Patil, K. Shashikiran Shetty, Senior Advocates, Somasekhara K.H, Advocate, for the Petitioner; C.N. Mahadeshwara, AGA, Y.R. Sadashiva Reddy, Senior Advocate, Ashwin S. Halady, Rahul S. Reddy, Advocates, for the Respondents

JUDGMENT

B.M. Shyam Prasad, J. - The petitioners, in seeking the following relief/s, seek vindication of their exclusive rights to the property measuring east to west 21 feet and north to south 54 in Sy. No. 43 of Yedeyuru, BSK II Stage, Bengaluru [the subject property]. The petitioners have sought for the following reliefs:

    [i] for quashing the order dated 07.11.2016 issued by the Commissioner, Bangalore Development Authority [the second respondent and hereafter referred to as the BDA] permitting re-conveyance of the subject property in favour of the third and the fourth respondents;

    [ii] for declaration that the sale deed dated 03.02.2017 executed by the BDA in favour of the third and the fourth respondents is null and void and not binding on the petitioners, and

    [iii] for direction to the second respondent to consider the petitioners' representation [Annexure-N] and confirm the allotment of the subject property in favour of the first to third petitioners.

    1. The first to third petitioners are the grandchildren of one, Smt. Munithirumalamma, who admittedly owned land measuring 1 acre 20 Guntas in Yedeyuru Village, Uttarahalli Hobli, Bangalore South taluk (subject land). The fourth pet

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