SHREE KRISHNA EDUCATIONAL TRUST(R) vs KARNATAKA HOUSING BOARD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(Kar) 36641

1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09^TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION No.55301 OF 2016 (GM-RES)
BETWEEN:
SHREE KRISHNA EDUCATIONAL TRUST (R),
N.H.17, KARAVALI HOTEL COMPLEX,
ADIUDUPI,
UDUPI-576 103,
REP. BY ITS CHAIRMAN.

…PETITIONER
(BY SRI.K.S.VENKATARAMANA, ADVOCATE)
AND:
1.
KARNATAKA HOUSING BOARD,

CAUVERY BHAVAN,

BANGALORE-560 009,

REP. BY ITS COMMISSIONER.
2.
ASSISTANT EXECUTIVE ENGINEER,

KARNATAKA HOUSING BOARD,

DISTRICT PROJECT OFFICE,

UDUPI-576 103.

…RESPONDENTS
(BY SRI.RAGHAVENDRA KULKARNI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT R-2 TO EXECUTE THE ABSOLUTE SALE DEED IN
RESEPCT OF CIVIC AMENITIES SITE NO.CA.1 MEASURING EAST
TO WEST 53.00 METERS AND NORTH TO SOUTH 39.00 METERS,
IN ALL MEASURING 22249.19 SQFT OR 51.14 CENTS, FORMED
IN SY.NO.421, SHIVALLY VILLAGE, MANIPAL WARD, SITUATED
AT K.H.B.COLONY, SHIVALLY MANIPAL, UDUPI DISTRICT IN
2
FAVOUR OF THE PETITIONER-TRUST IN THE INTEREST OF
JUSTICE & EQUITY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP HEARING, THIS DAY, THE COURT MADE
THE FOLLOWING:

Headnote:
Fact of the Case:

The petitioner filed a Writ Petition seeking a Writ of Mandamus directing the second respondent to consider the representation dated:15.06.2015 and to execute the absolute sale deed in respect of Civic Amenities Site No.C.A.1 in favor of the petitioner Trust.
Finding of the Court:

The Assistant Executive Engineer, Karnataka Housing Board - second respondent has executed absolute sale deed in favor of petitioner - Trust on 16.08.2017.
Final Decision: The Writ Petition is disposed of.

Sri.Venkataramana.K.S.,

learned

counsel

for

petitioner has appeared through video conferencing.

Sri.Raghavendra

Kulkarni.,

learned

counsel

for

respondents 1 and 2 has appeared in person.

The captioned Writ Petition is filed seeking to issue a

Writ of Mandamus directing the second respondent to

consider

the

representation

dated:15.06.2015

vide

Annexure-E and also to direct the second respondent to

execute the absolute sale deed in respect of Civic

Amenities Site No.C.A.1 measuring East to West 53.00

Meters and North to South 39.00 Meters, in all measuring

22249.19 Sq.Ft. or 51.14 Cents, formed in Sy.No.421,

Shivally Village, Manipal Ward, situated at K.H.B Colony,

Shivally Manipal, Udupi District in favor of the petitioner

Trust.

Learned counsel Sri.Raghavendra Kulkarni., submits

that during the pendency of the Writ Petition, the Assistant

Executive Engineer, Karnataka Housing Board - second

respondent has executed absolute sale deed in favor of

petitioner - Trust on 16.08.2017. Hence, the relief sought

by the petitioner is satisfied. Accordingly the Writ Petition

may be disposed of.

Learned

counsel

Sri.Venkataramana.K.S.,

for

petitioner acknowledges the said submission.

The submission made on behalf of respective parties

is placed on record.

In view of fact that the sale deed has already been

executed in favor of petitioner - Trust, nothing survives for

consideration in the present petition. Hence, the Writ

Petition is disposed of.

Sd/-

JUDGE

TKN

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