Karnataka High Court
Sri Ravishanker Rai B vs The State Of Karnataka on 22 June, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO.19099/2021 (LB-RES)
BETWEEN:
SRI. RAVISHANKER RAI B
AGED ABOUT 65 YEARS
S/O VITTAL RAI,
R/AT NO.301, BINARY HOMES,
KOTTARA, MANGALURU-575006.
...PETITIONER
(BY SRI. B.S.NAGARAJ, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRL. SECRETARY
URBAN DEVELOPMENT DEPARTMENT,
VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560001.
2. THE COMMISSIONER
MYSORE URBAN DEVELOPMENT AUTHORITY,
MYSORE-570001.
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, ADDITIONAL GOVERNMENT
ADVOCATE FOR RESPONDENT NO.1;
SRI. S.V.DESAI, ADVOCATE FOR RESPONDENT NO.2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA OF PRAYING TO DIRECT THE
RESPONDENT NO.2-MUDA IN NOT CONSIDERING THE
2
PRESENTATIONS DATED 18.07.2018 AND 25.02.2021 MADE BY
THE PETITIONER TO ISSUE A POSSESSION CERTIFICATE AND
TO EXECUTE REGISTERED SALE DEED WITH RESPECT OF HIS
PROPERTY COPIES AT ANNEXURE-A, A1 AND B, B1
RESPECTIVELY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has sought for a writ in the nature of mandamus to the respondent No.2 to consider the representations dated 18.07.2018 and 25.02.2021 and issue a possession certificate and execute a deed of absolute sale.
2. The petitioner claims that in terms of a provisional allotment letter dated 14.06.1998, he was allotted a site bearing No.486 at Ravindranath Tagore Nagar Layout, Kergalli, Mysuru Taluk. The petitioner was called upon to pay a tentative cost of Rs.1,08,675/- which was paid on 19.11.1999 and on 23.12.1999. The petitioner claims that the aforesaid layout was formed by "Bank and Public Sector Employees Welfare Association(R), Mysuru", which was dissolved and the records of the association 3 were handed over to the respondent No.2. The petitioner therefore filed an application dated 17.12.2014 requesting the respondent No.2 to execute a deed of conveyance. The respondent No.2 called upon the petitioner by an endorsement dated 07.04.2015 to furnish an encumbrance certificate in Form-15 from the date of allotment of the site. The petitioner submitted the same on 18.07.2018 and requested for issuance of possession certificate and registration of the deed of sale. Since this was not considered, the petitioner filed a representation dated 25.02.2021 which too was not considered, which has compelled him to file this writ petition.
3. Learned counsel for respondent No.2 fairly submitted that the request of the petitioner would be considered in accordance with law.
4. In view of the above, the writ petition is allowed. The respondent No.2 is directed to consider the representations of the petitioner dated 18.07.2018 and 25.02.2021 for issuance of possession certificate and to 4 execute the deed of absolute sale, in accordance with law, within a period of three months from the date of receipt of a certified copy of this order.
Sd/-
JUDGE NR/-