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2025 Supreme(Online)(Kar) 226766

THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
SRI. GANAPATHI S. BHAT – Appellant
Versus
THE COMMISSIONER – Respondent
WP 22704/2024



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO. 22704 OF 2024 (BDA)

BETWEEN:

SRI. GANAPATHI S. BHAT

S/O SRI SUBRAYA V BHAT,

AGED ABOUT 71 YEARS,

R/AT NO. 65/A, 6TH CROSS ROAD,

OPPOSITE OM SHAKTHI TEMPLE, ESCORTS AND GOETZE LAYOUT,

ATTUR LAYOUT, YELAHANKA,

BENGALURU - 560 064.

…PETITIONER

(BY SRI. BHAT GANAPATHY NARAYAN (GANAPATHY

BHAT)., ADVOCATE)

AND:

Digitally signed by 1. THE COMMISSIONER

MAHALAKSHMI B M

BANGALORE DEVELOPMENT AUTHORITY,

Location: HIGH

COURT OF T CHOWDAIAH ROAD,

KARNATAKA

KUMARA PARK (WEST) BENGALURU - 560 020.

2. THE DEPUTY SECRETARY -3

BANGALORE DEVELOPMENT AUTHORITY,

T CHOWDAIAH ROAD, KUMARA PARK (WEST) BENGALURU - 560 020.

3. SRI A JEEVENDRA KUMAR

S/O LATE APPANA GOWDA,

AGED ABOUT 65 YEARS, R/AT NO. 529, 6TH MAIN, K N EXTENSION, YASHWANTHPURA, BENGALURU- 560 022.

4. SRI A MAHENDRA KUMAR S/O LATE APPANNA GOWDA, AGED ABOUT 63 YEARS, R/AT NO. 529, 6TH MAIN, K N EXTENSION, YASHWANTHPURA, BENGALURU- 560 022.

5. SRI B RAMANJANEYULU S/O LATE B NARASAIAH SHETTY, AGED ABOUT 75 YEARS, R/AT NO. 325, 41ST CROSS, 2ND MAIN, JAYANAGAR, 8TH BLOCK, BENGALURU- 560 070 …RESPONDENTS (BY SRI. B VACHAN., ADVOCATE FOR R1 AND R2;

SRI. H MANJUNATHA, ADVOCATE FOR R5;

R3 AND R4, SERVED AND UNREPRESENTED)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AUTHORITY TO QUASH THE IMPUGNED ENDORSEMENT DTD. 24.05.2024 BEARING SI.NO. BE.AA.PRA/U.KR-3/2669/2024-25 ISSUED BY THE R-2 AS PER ANNX-M., AND ETC.

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

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

The petitioner has approached this Court seeking for the following reliefs:

"Issue a Writ of Certiorari or any appropriate order by directing the 1st respondent authority to quash the impugned Endorsement dated 24.05.2024, bearing Sl.No.BE.AA.PRA/U.KR-3/2669/2024-25, issued by the respondent No.2, as per Annexure M, in the interest of justice and equity.

Issue a Writ of Certiorari or any appropriate order by directing the 1st respondent authority to quash the impugned Allotment Letter dated 27.12.2013, bearing Sl.No.U.KR- 3/1340/Arkavathi/7/Survey No.53/1: 2013-14, issued by the respondent No.2, as per Annexure-F AND impugned Sale Deed dated 21.01.2014 executed by the 1st respondent authority in favour of respondent No.3 and 4, registered as Document No.2926/2013-14, as per Annexure G AND impugned Possession Certificate dated 22.01.2014, bearing Sl.No.1327, issued by the respondent No.2, as per Annexure HAND impugned Katha Certificate dated 03.02.2014, bearing Sl.No.BE.AA.PRA/KO.AA.PRA/Arkavathi/1340/2013-

14, issued by the respondent No.2, as per Annexure J, in the interest of justice and equity.

Issue a Writ of Certiorari or any appropriate order by directing the 1st respondent authority to quash the impugned Sale Deed dated 10.03.2014 executed by the respondent No.3 and 4 in favour of the respondent No.5, registered as Document No.4568/2013-14, as per Annexure K AND impugned Katha Certificate dated 04.04.2014, bearing SI.No.BE.AA.PRA/KO.AA.PRA/Arkavathi/1340/2013-

14, in the name of the respondent No.5, issued by the respondent No.2, as per Annexure - L, in the interest of justice and equity.

Grant such other and further reliefs as this Hon'ble Court deems fit and necessary to be grant under circumstances of the above Writ Petition, in the interest of justice and equity."

2. Heard the learned counsel for the petitioner, Sri. B.Vachan, learned counsel for respondent Nos.1 and 2 and Sri. H.Manjuntha, learned counsel for respondent No.5.

3. The undisputed facts reveal that petitioner was allotted the site No.1340 measuring 108.00 Sq. mtrs., situated at VII Block, Arkavathy Layout, Bengaluru (for short 'the site') under allotment letter dated 24.06.2006 (Annexure-A). Pursuant thereto, lease-cum-sale agreement was executed, possession certificate was issued and khatha was enter

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