A.V.KANTHALAKSHMI Vs. COMMISSIONER

JUDGEMENT

(1.) Petitioner is before this Court under Article 226 of the Constitution of India, praying for a writ of mandamus directing the respondent-BDA to execute the absolute registered sale deed in respect of site No.725, Kempapura Agrahara, (Hampinagar) RPC Layout, Bengaluru, measuring East to West 40 feet and North to South 30 feet.

(2.) Heard the learned counsel for petitioner Sri.K.Jeevan and Sri.C.Ramakrishna, learned counsel for respondent.

(3.) Learned counsel for the petitioner would submit that the petitioner was allotted site bearing No.725 more fully described in the schedule to the writ petition by allotment letter dtd. 7/3/1991. Thereafter, on 21/3/1991, lease- cum-sale was executed between the petitioner and respondent-BDA. Possession was handed over through Possession Certificate dtd. 23/3/1991. As the respondent- BDA did not execute the absolute sale deed, the petitioner was before this Court in W.P.No.23692/2011. This Court, by order dtd. 29/7/2011 directed the respondent-BDA to execute the sale deed in favour of the petitioner, but, till this date, the sale deed as directed by this Court is not executed. Further, it is stated that in the event, if there is any rival claim with regard to the schedule site, lis is essentially between the petitioner and the rival claimant. As the respondent-BDA failed to execute the sale deed as directed by this Court, it is stated that the petitioner made representation dtd. 12/10/2020 (Annexure-K) requesting the BDA to execute the absolute sale deed in respect of site bearing No.725. As no action is taken on the representation, the petitioner is before this Court in this writ petition.