IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24903 OF 2022 (LB-RES)

BETWEEN:

M/S. AROGYA YOGA (R)

A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932 HAVING ITS OFFICE AT NO.5 MAHABHODI ROAD SARASWATHIPURAM MYSURU -570 009 …PETITIONER (BY SRI. R.S.RAVI, SENIOR ADVOCATE FOR SRI. AKARSH KUMAR GOWDA., ADVOCATE)

AND:

1. KARNATAKA HOUSING BOARD CAUVERY BHAVAN KEMPEGOWDA ROAD BENGALURU - 560 009 REPRESENTED BY ITS COMMISSIONER

2. THE EXECUTIVE ENGINEER KARNATAKA HOUSING BOARD SARASWATHIPURAM MYSURU DIVISION MYSURU - 570 009

3. THE ASSISTANT REVENUE OFFICER KARNATAKA HOUSING BOARD SARASWATHIPURAM MYSURU DIVISION MYSURU - 570 009

4. THE SENIOR SUB-REGISTRAR MYSURU NORTH RAMAKRISHNANAGAR MYSURU -570 022

5. ST. JOHNS EDUCATIONAL SOCIETY HOOTAGALLI MYSURU HUNSUR ROAD MYSURU -570009 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R1 TO R3;

SMT. CHANDINI SINGH S. HCGP FOR R4;

SRI. ABUBACKER SHAFI, ADVOCATE FOR R5)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE DEED OF CANCELLATION DATED 26.11.2020 EXECUTED BY THE R2, CANCELLING THE CONDITIONAL SALE DEED DATED 27.07.2010, IN RESPECT OF THE SCHEDULE PROPERTY, VIDE ANNEXURE- H 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 SURAJ GOVINDARAJ ORAL ORDER

1. Petitioner is before this court seeking for the following reliefs:

"1. To quash the Deed of cancellation dated 26.11.2020 executed by the 2^nd respondent, canceling the Conditional Sale Deed dated 27.07.2010, in respect of the Schedule Property, vide Annexure-H;

2. To quash the allotment of CA site vide order dated

07.08.2018, made in No.Ka.Gru.Mum/

Oo.Pra.Vya.(Gra.Se)Hanchike-

6/C.A/15/Hootagalli/2018-19, issued by the 1^st respondent in favour of 5^th respondent, vide Annexure -

G;

3. Direct the 4^th respondent to remove the name of 1^st respondent in Form 15, vide Annexure - L and re-insert the name of the petitioner in Form No.15;

4. Grant such other relief/reliefs as deem fit to grant in the facts and circumstances of case."

2. Respondent No.1 – Karnataka Housing Board (KHB)

issued a notification dated 18.08.2007 inviting applications for allotment of civic amenity sites. Among the sites notified was Site No.15, measuring 2,793.50 square metres, situated at Hootagalli in Mysuru District, classified as a “civic community” site intended for “public purpose”.

3. The petitioner, having applied pursuant to the said notification, was allotted Site No.15 by resolution dated 16.04.2010. In furtherance of the allotment, the petitioner paid a sum of Rs.52,62,075/-, and a conditional sale deed dated 27.07.2010 was executed and registered in his favour before the Office of the Senior Sub-Registrar, Mysuru. Consequent upon such registration, the petitioner applied for change of khatha in his name.

4. The allotment in favour of the petitioner was thereafter called in question by Vishwamanava Education Trust in W.P. No.37156/2010. By order dated 02.08.2014, a Coordinate Bench of this Court allowed the writ petition and quashed the allotment made in favour of the petitioner, who was arrayed as respondent No.3 therein. Pursuant to the said order, KHB issued a cancellation letter dated 05.11.2014, produced at Annexure–E.

5. Subsequently, on 26.11.2020, respondent No.2 executed a deed of cancellation, cancelling the conditional sale deed dated 27.07.2010, as per Annexure–H. The site has thereafter been allotted in favour of respondent No.5. Aggrieved by the cancellation letter dated 05.11.2014, the deed of cancellation dated 26.11.2020, and the subsequent allotment in favour of respondent No.5, the petitioner has approached this Court in the present writ petition.

6. Sri R.S. Ravi, learned Senior Counsel appearing for the petitioner, submits that, 6.1. The impugned action is wholly unsustain