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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF OCTOBER, 2021

BEFORE

THE HON' BLE MR. JUSTICE S.G. PANDIT

WRIT PETITION No.42753/2018 (BDA)

BETWEEN:

M RAJAPPA

S/O LATE MARAPPA

AGE 62 YEARS

KURUBARAHALLI

JANGAMA KOTE POST

MELURU

SIDDLAGHATTA TALUK

KOLAR DISTRICT-562 102.

...PETITIONER

(BY SRI RAMACHANDRA N., ADV.)

AND:

BENGALURU DEVELOPMENT AUTHORITY

T CHOWDAIAH ROAD

KUMARA PARK WEST

BENGALURU -560020

REP. BY ITS COMMISSIONER.

&RESPONDENT

(BY SMT. M.R.VANAJA, ADV.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT

OF MANDAMUS TO THE RESPONDENT AUTHORITY FOR

IDENTIFICATION OF SITE NO.2499 AND HANDING OVER OF

THE SAME AND ALSO FOR EXECUTION OF ABSOLUTE DEED IN

FAVOUR OF THE PETITIONER.

THIS PETITION COMING ON FOR PRELIMINARY HEARING

IN 8B9 GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

The

petitioner,

an

allottee

of

site

by

the

respondent-Bengaluru Development Authority (for short

8the BDA9) is before this Court under Article 226 of the

Constitution of India praying for a writ of mandamus to

direct the respondent-BDA to identify site No.2499 and

to execute the absolute sale deed in favour of the

petitioner.

2. Heard Sri Ramachandra, learned counsel for the

petitioner and Smt. M.R. Vanaja, learned counsel for the

respondent-BDA. Perused the writ petition papers.

3.

Learned counsel for the petitioner would submit

that petitioner was allotted site bearing No.2499 in

Arkavathi Layout, 7^th Block, Jakkuru Village, measuring

6 x 9 mtrs. under allotment letter (Annexure-A) dated

24.06.2000. Thereafter, on payment of sital value the

respondent-BDA executed the lease-cum-sale agreement

(Annexure-B) on 04.07.2009. The petitioner was issued

with possession certificate dated 06.07.2009 as well as

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katha dated 30.05.2015 as could be evidenced from

Annexures-C and D respectively. It is the grievance of

the petitioner that respondent-BDA has not handed over

physical possession of site bearing No.2499 and even

after expiry of lease period the respondent-BDA has

failed to perform its statutory duty as required under

Rule 13(8) of the Bangalore Development Authority

(Allotment of Sites) Rules, 1984 (for short 8the 1984

Rules).

The

petitioner

has

also

submitted

a

representation

(Annexure-G)

dated

18.07.2018

requesting the respondent-BDA to take appropriate

action, so as to execute the absolute sale deed. As the

respondent-BDA has failed to perform its statutory

duty, the petitioner is before this Court in this writ

petition.

4.

Per contra, learned counsel for the respondent-

BDA would submit that as litigations were pending in

respect of Arkavathi Layout, the respondent-BDA is not

in a position to execute the sale deed in respect of the

sites allotted in Arkavathi Layout.

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5.

Having heard the learned counsel for the parties

and on perusal of the writ petition papers, I am of the

view, that the respondent-BDA has failed to perform its

statutory duty, hence the writ petitioner would be

entitled

for

a

writ

of

mandamus

directing

the

respondent-BDA to execute the absolute sale deed in

respect of the site in question or in the alternative to

allot a fresh site and execute the absolute sale deed for

the following reasons :-

It is seen that petitioner was allotted site bearing

No.2499 in Arkavathi Layout, Block VII, as per the

allotment letter (Annexure-A) dated 24.06.2006 and

thereafter lease-cum-sale deed (Annexure-B) dated

04.07.2009 was executed. The petitioner was also

issued possession certificate dated 06.07.2009 and

katha certificate dated 30.05.2015, which is evidenced

as per Annexures-C and D respectively. The lease

period of 10 years has expired. On expiry of 10 years

lease period the respondent-BDA is expected to execute

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the absolute sale deed as required under 1984 Rules.

Rule 13(8) of the Rul