J. N. KUMAR Vs. COMMISSIONER

JUDGEMENT

(1.) Petitioner is knocking at the doors of Writ Court seeking a Writ of Mandamus to the Respondent to execute Sale Deed for the subject site granted vide Allotment Letter dtd. 20/4/2009/20/5/2009 (Annexure-A). Learned counsel for the Petitioner submits that the entire price having been remitted, the Respondent - BDA is duty bound to execute the Sale Deed in his client's favour since he happens to be one of the legal representatives of the deceased allottee i.e., Late Mr. Nagarapjappa. Learned counsel for the petitioner adds that the petitioner happens to be the only son of the deceased allottee has also left a widow, namely Smt. Yellamma.

(2.) Learned Sr. Panel Counsel appearing for the Respondent - BDA opposes the Petition contending that the claim is time barred and that there are some difficulties in granting conveyance in the sense that the BDA cannot ascertain as to how many legal heirs the deceased allottee has left. He also adds that unless the Lease cum Sale is granted in terms of the allotment, the claim for execution of the Sale Deed would ordinarily not lie.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this Court is inclined to grant indulgence in the matter as under and for the following reasons: