C RAMESH Vs. BANGALORE DEVELOPMENT

JUDGEMENT

(1.) THE legality and correctness of the order passed by the learned Single Judge in W.P.No.5918/2010 is called in question in this appeal.

(2.) THE appellant filed the writ petition requesting the Court to issue a writ of certiorari to quash the order passed by the BDA dated 11.2.2010, cancel the sale deed dated 10.7.2007, the consequential sale deed dated 20.8.2007 and further consequential sale deed dated 18.2.2010 before the Sub -Registrar, Bommanahalli, Bangalore Rural District and also to restore the khatha in respect of site No.818, 4th Block, Koramangala in his favour, to declare that the BDA has no power or authority to unilaterally cancel the sale deed dated 16.5.1990 and that competent civil Court alone has power to cancel such registered sale deed.

(3.) ACCORDING to the petition averments, site No.818, Koramangala layout was allotted to third respondent Sri. Srivatsan Rangachari vide allotment letter dated 5.5.1990 and later on, on 7.5.1990, a lease -cum -sale agreement came to be executed by the BDA in favour of the third respondent and he was put in possession of the property vide Annexure -H dated 15.5.1990. A conditional sale deed was also executed on 16.5.1990 and later on, the khatha was transferred to the name of the third respondent vide Annexure -K dated 25.5.1990 and thus Sri. Srivatsan Rangachari had become the absolute owner of the property and later on Sri. Srivatsan Rangachari sold the aforesaid property in favour of the petitioner under a registered sale deed dated 6.4.2005.