IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 36739 OF 2018 (BDA)

BETWEEN:

SMT C V BHAGYA D/O MR CHIKKAVENKATESHAIAH AGED ABOUT 44 YEARS NO.53, UAS LAYOUT RMV II STAGE, SANJAY NAGAR BENGALURU-560 094.

…PETITIONER (BY SRI. M J ALVA.,ADVOCATE)

AND:

1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY SANKEY ROAD, KUMARA PARK BENGALURU-560 020.

2. THE DEPUTY SECRETARY Digitally signed by SUMA B N BENGALURU DEVELOPMENT AUTHORITY Location: High Court of SANKEY ROAD, KUMARA PARK WEST Karnataka BENGALURU-560 020.

3. THE ADDITIONAL DISTRICT REGITRAR BDA (HO) K P WEST BENGALURU-560 020.

4. P JAYARAMA SINCE DEAD BY LR'S 4(a) SMT. K. JYOTHI W/O LATE P JAYARAMA AGED ABOUT 56 YEARS

4(b) GOPINATH J., S/O LATE P. JAYARAMA AGED ABOUT 35 YEARS

4(c) SURESH BABU S/O LATE P. JAYARAMA AGED ABOUT 33 YEARS ALL ARE R/AT NO.107-108 GOPI NIVAS, IST CROSS NANJAPPA GARDEN, BABUSA PALYA BENGALUR - 560 043.

…RESPONDENTS (BY SRI. AJAY KUMAR M., ADVOCATE R1 & R2; SRI. HANUMANTHARAYA LAGALI, AGA FOR R3;

SRI. RANJITH KUMAR, ADVOCATE FOR R4(a) TO R4(c)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SALE DEED DATED 23.04.2018 EXECUTED BY THE RESPONDENT NO.2 IN FAVOUR OF THE RESPONDENT NO.4 IN RESPECT OF THE SCHEDULE PROPERTY WHICH HAD BEEN GOT REGISTERED IN THE OFFICE OF THE RESPONDENT NO.3 AS DOCUMENT NO. BDA - 1 - 00465 - 2018 - 19 IN BOOK I AND STORED IN CD NO. BDAD 36 DATED

25.04.2018 WHICH IS PRODUCED AT ANNEXURE-B AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

ORAL ORDER

Petitioner is before this Court seeking following reliefs;

"i) Issue a writ of certiorari or any other writ, order or direction quashing the impugned sale deed dated 23.4.2018 executed by the respondent No. 2 in favour of the respondent No. 4 in respect of the schedule property which had been got registered in the office of the respondent No. 3 as document No. BDA-1- 00465-2018-19 in Book 1 and stored in CD No. BDAD 236 dated 25.4.2018 which is produced at Annexure 'B'.

ii) Consequently direct the respondent No. 3 to make an entry regarding the quashing of the sale deed dated 23.4.2018 executed by the respondent No. 2 in favour of the respondent No. 4 and got registered in its office as document No. BDA-1-00465-2018- 19 in Book I and stored in CD No. BDAD 236 dated 25.4.2018 which is produced at Annexure 'B' in their relevant registers.

iii) Pass an order prohibiting and restraining the respondent Nos. 1, 2 & 4 from interfering with the petitioner's peaceful possession and enjoyment of the schedule property in any manner.

iv) Grant cost of this petition.

v) And also grant such other and further reliefs as this Hon'ble Court deems fit considering the facts and circumstances of the case, in the ends of justice.

2. Case of the petitioner is that she was allotted a site bearing No.13 in block No.16 of Arkavathi Layout as per the allotment letter dated 30.12.2005 produced at Annexure-C and a lease-cum-sale agreement dated 07.06.2006 was also executed by the respondent -BDA vide Annexure-D. The said allotment was subsequently cancelled by the respondent -BDA and the cancellation deed was also executed as per Annexure-F on 01.10.2016 on the premise of the said site physically not being available. Thereafter, petitioner was allotted an alternate site bearing No.1020 of 19^th Block of Arkavathi Layout as per allotment letter dated 28.06.2016 as per Annexure-E and a sale deed dated 28.04.2017 was executed as per Annexure-A absolutely conveying the said property infavour of the petitioner and that possession certificate was issued on 05.07.2017 as per Annexure-G and katha was also transferred in favour of the petitioner.

3. When things stood thus, respondent -BDA executed another deed of sale dated 23.04.2018 as per Annexure-B infavour of respondent No.4 wh