SMT. M.B. MALLAMMA vs MYSORE URBAN DEVELOPMENT CORPORATION

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2024 Supreme(Online)(KAR) 8748

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 12014 OF 2021 (LB-RES)
BETWEEN:
1. SMT. M.B. MALLAMMA W/O LATE M K MADAPPA AGED ABOUT 66 YEARS R/AT NO.119, 2ND MAIN ROAD JAYANAGAR MYSORE CITY-570 014 (NOTE. SENIOR CITIZEN BENEFIT NOT CLAIMED BY THE PETITIONER)
… PETITIONER (BY SRI. M SHIVAPRAKASH., ADVOCATE)
AND:
Digitally signed
1. THE COMMISSIONER by VIJAYA P MYSORE URBAN DEVELOPMENT CORPORATION Location: High Court of J L B ROAD Karnataka MYSORE-570 001
2. THE SPECIAL TAHASILDAR MYSORE URBAN DEVELOPMENT CORPORATION MYSORE-570 001 … RESPONDENTS (BY SRI. VIVEKANANDA T P., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR THE RECORDS IN RESPECT OF INDUSTRIAL PLOT BEARING NO. 10/D4 AT VISHVESHWARANAGAR INDUSTRIAL SUBURB 3RD STAGE MYSORE;
II. QUASH THE ENDORSEMENT BEARING NO. MAI.
NA.PRA/VA.KA-1/19-20, DATED 12.12.2019 AT ANNEXURE-F ISSUED BY R-2;
III. TO ISSUE WRIT OF MANDAMUS AGAINST RESPONDENT AUTHORITY TO EXECUTE AND CONVEY ABSOLUTE TITLE IN FAVOUR OF THE PETITIONER IN RESPECT OF INDUSTRIAL PLOT/ SHED ALLOTTED IN FAVOUR OF LATE M.K, MADAPPA AT ANNEXURES-E1 & E2 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The present writ petition has been filed seeking to set aside the endorsement at Annexure-F whereby the request of petitioner made on 23.09.2019 has been disposed off while observing that the request would be considered after conclusion of the proceedings before the Civil Court.

2. Petitioner submits that after the death of her husband - Sri. M. K. Madappa, in whose favour the original allotment was made, the petitioner is entitled to the sale deed to be executed by respondent No.1 and pursuant to the request made for execution of sale deed, the impugned endorsement has been issued.

3. Learned counsel appearing for MUDA submits that sale deed has been executed on 24.01.2023 to the legal representatives of Vijay Kumar who is one of the partners of Chamundeshwari Engineering Works. It is further submitted that between the petitioner herein and Sri. Vijay Kumar and his legal representatives, civil suit for declaration has been decided and as the validity of the sale deed has not been questioned and even otherwise, the said question cannot be looked into by this Court and if at all the petitioner has any civil rights as against the legal representatives of Vijay Kumar, it is open for the petitioner to work out her remedy in accordance with law. It is further submitted that in terms of the documents available, respondent No.1 has executed the sale deed and acquited themselves of the responsibility of transfer of rights and at this point of time, no further relief can be granted.

4. Taking note of the submission that the sale deed is executed on 24.01.2023 in favour of the legal representatives of Vijay Kumar who is stated to be the partner of Chamundeshwari Engineering Works and also taking note that the suit in O.S.No. 197/2013 for declaration between the petitioner and the legal representatives of Vijay Kumar and others has been dismissed, the matter does not call for any further adjudication at this point of time. If the petitioner has any rights, it is for the petitioner to work out the same, before the appropriate forum.

5. Accordingly, petition is disposed off. All contentions are kept open.

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