The petitioners are claiming to be the owners of

certain sites in Sy. No.19 measuring 2 acres 26 guntas

situated

at

Doddaballapura

Taluk,

Kasaba

Hobli,

Veerabhadranapalya,

Bengaluru

Rural

District.

According to petitioners, petitioner Nos.1 and 2 retained

six sites and five sites respectively in Sy. No.19.

Petitioner Nos.3 and 4, who are the purchasers of site

Nos.5, 6 and site No.19 respectively measuring 30 x 40

feet have filed the present writ petition for a writ of

certiorari to quash the entire proceedings in case

No.COMPT/UPLOK/BD/1645/2014

on

the

file

of

respondent No.2 vide Annexure-H, to quash the order

dated 04.11.2016 passed by respondent No.2 vide

Annexure-H1 and to quash the communication of

respondent No.4 dated 07.09.2020 addressed to the

Secretary,

Urban

Development

Authority

as

per

Annexure-J1 and direct the City Municipal Council,

Doddaballapur not to dispossess the petitioners or

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obstruct the construction activities formed in Sy. No.19

of Veerabhadranapalya i.e., sites bearing Nos.1,

5,

6,

7,

12

and

13

of

Veerabhadranapalya,

Doddaballapur Town.

It is the specific case of the petitioners that

M. Gurushankaraiah, the father of petitioner Nos.1 and 2

is the original owner of land bearing Sy. No.19

measuring

02

Acres

26

guntas

situated

at

Doddaballapura

Taluk,

Kasaba

Hobli,

Veerabhadranapalya,

Bengaluru

Rural

District

had

purchased the property under a registered Sale Deed in

the year 1977 as per Annexure-A. It is further submitted

that the said Gurushankariah has filed an application

before the Deputy Commissioner for conversion of the

agricultural land into residential purpose. On considering

all the documents, the Deputy Commissioner by order

dated 14.03.1989 granted conversion order only to the

extent of 02 Acres 06 guntas in Sy. No.19 as per

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Annexure-B. It is further contended that in pursuance of

the conversion order, katha got changed in the name of

Gurushankaraiah. The said Gurushankaraiah died on

26.12.1994 and there was a partition in the family and

subsequently, converted the land into sites in order to

clear the debts of the family by a registered Partition

Deed dated 17.12.2004 as per Annexure-D and pursuant

to the partition deed, katha was also effected in favour

of petitioner No.1 with the consent of other legal heirs.

Petitioner No.1 has executed the Release Deed in favour

of petitioner No.2 vide Release Deed dated 17.02.2016

i.e., out of the total sites formed in Sy. No.19, petitioner

No.1 had retained 21 sites and 5 sites were retained by

petitioner No.2. Petitioner No.2 sold two sites under sale

deed in favour of petitioner No.3 i.e., site Nos.5 and 6

as per Annexure-F and thereby, petitioner No.3 has

locus-standi to challenge the order passed by the

Upalokayukta, which affects the interest of petitioner

No.3. Petitioner No.4 has also purchased three sites

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from petitioner No.1 i.e., site Nos.7, 12 and 13 under a

registered

Sale

Deed

dated

26.07.2001

as

per

Annexure-G. The petitioners further contended that

even though the transactions took place between

petitioner Nos.1 and 2 and petitioner Nos.3 and 4, one

person by name Sri. D.G. Ranganath/respondent No.5

filed the false complaint before the Upalokayukta

alleging that the original owners have encroached the

Government Land, which is part and parcel of Sy. No.19

of Veerabhadranapalya, Doddaballapur Town.

Based on the said complaint, Upalokayukta

without issuing any notice to the petitioners as per

Annexure-H observed that the CMC, Doddaballapur has

failed to protect the property, which is alleged to be the

Government property. It is further contended that the

petitioners are not aware the proceedings before the

Lokayuktha and it is only now they came to know about

the proceedings before the Lokayuktha, when the

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municipalities

officials

began

to

dispossess

the

petitioners in their respective sites. As such, there is a

delay in assailing the order and same is not intentional.

It is further contended that based on