IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1739 OF 2025 (BDA)

BETWEEN:

SRI. JOHN BARNABAS, S/O JOHN ANTONY, AGED ABOUT 64 YEARS, RESIDING AT NO.264, 3RD MAIN ROAD, DC HALLI, BEGUR ROAD, DUO HEIGHTS, RESIDENTIAL LAYOUT, BENGALURU - 560 068.

…PETITIONER (BY SRI. R.P. SOMASHEKHARAIAH, ADVOCATE)

AND:

Dig itally signed 1. THE COMMISSIONER, by JUANITA BENGALURU DEVELOPMENT AUTHORITY, THEJESWINI T. CHOWDAIAH ROAD, KUMARA PARK WEST Location: HIGH EXTENSION, BENGALURU - 560 002.

COURT OF KARNATAKA

2. THE DEPUTY SECRETARY-4, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST EXTENSION, BENGALURU - 560 002.

…RESPONDENTS (BY SRI. K. KRISHNA, ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 22.10.2024 BEARING NO.BEMAPRA.UKA-4/4491/2024-25 UNDER ANNEXURE-K ISSUED BY THE RESPONDENT NO.2 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE R DEVDAS

ORAL ORDER

The petitioner is aggrieved of the impugned endorsement dated 22.10.2024 at Annexure-K issued by respondent No.2/Deputy Secretary-4, Bangalore Development Authority, declining to execute a sale deed in favour of the petitioner.

2. A brief background of the case is that one Smt.Ishwari Thakkar was allotted a 'B' type apartment bearing flat No. 1220 situated at the III Floor of the apartment complex put up by the Bangalore Development Authority at Austin Town, 2^nd Stage layout, Bengaluru. A lease-cum-sale agreement was executed on 30.11.1982 and registered on 03.12.1982 in favour of Smt.Ishwari Thakkar by the Bangalore Development Authority. In terms of the conditions imposed in the Lease-cum-Sale agreement, the lessee is put in possession of the apartment for a period of fifteen years commencing from 30.11.1982. It is also stated that in the event the lessee pays the tentative costs of the land and flat within the period of this lease, the lessor will execute the sale deed in respect of the apartment only after the expiry of the period of five years. However, Smt.Ishwari Thakkar, executed an Irrevocable General Power of Attorney along with an Agreement of Sale and an affidavit in favour of the petitioner on 20.09.1991. It is contended that Smt.Ishwari Thakkar passed away on 26.09.2009. The petitioner, who is in possession of the apartment, approached the respondent-BDA on 11.10.2017 seeking execution of the sale deed in his favour. On 21.06.2018, respondent No.2 issued an endorsement directing the petitioner to submit the relevant documents in respect of the apartment. On 21.06.2018, the petitioner herein furnished all the relevant documents, including the letter of Allotment, Notice, Lease-cum-Sale Agreement, Irrevocable General Power of Attorney, Agreement of Sale, Affidavit and Encumbrance Certificates. By a communication dated 15.06.2019, the petitioner herein wrote to respondent No.2 that he had paid a sum of Rs.81,341/- under challan bearing No. No.4784 dated 15.06.2019. The copy of the BDA remittance challan is found at Annexure-H1. Despite all these transactions and the payment made by the petitioner, now the impugned endorsement at Annexure-K has been issued by respondent No. 2, declining to execute the sale deed in favour of the petitioner, and a direction is issued to the petitioner to approach a competent Civil Court to get a declaration of title.

3. Learned counsel for the petitioner seeks to place reliance on a judgment of the Hon'ble Supreme Court in the case of Suraj Lamp and Industries Private Limited Vs. State of Haryana and Another reported in (2012) 1 SCC 656, to contend that although the Hon'ble Supreme Court has held that transactions such as Sale Agreements, General Powers of Attorney, and Will Transactions do not convey any title nor create any interest in an immovable property. Nevertheless, it is directed that if t