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Judgment
The petitioner has sought for a writ in the nature of mandamus to direct the respondent No.2 to consider his representation dated 03.04.2018 and execute a deed of conveyance, transferring the property and register the katha in his name.
(i) The petitioner claims that the respondent No.2 had allotted a site bearing No.1749 to Mr.Vedanthachar on 09.12.1975. The said Mr.Vedanthachar had deposited the allotment price consequent to which, a lease-cum-sale agreement dated 04.05.1976 was executed in his favour. Thereafter, he was placed in possession of the allotted site which was evidenced by a possession certificate dated 04.09.1976.
The petitioner contends that as per the conditions mentioned in the possession certificate, Mr.Vedanthachar was prohibited from alienating the site for a period of 10 years. After the expiry of 10 years, Mr.Vedanthachar sold the aforesaid site to the petitioner on 10.01.2018. The petitioner contends that he gave a representation to the respondent No.2 to transfer site No.1749 in his name and execute a deed of conveyance in his name.
The respondent No.2 addressed a letter to the revenue inspector directing him to inspect the site No.1749 and certify the signature and the photograph of the petitioner. Accordingly, the respondent No.4 visited the house of the petitioner and drew up a Mahazar and verified the signature of the petitioner, which was forwarded to the respondent No.2.
The petitioner contends that in spite of the report the respondent No.2 has not taken any action. The petitioner is therefore before this Court seeking for a direction to the respondents to consider his representation dated 03.04.2018 and execute a deed of conveyance conveying the site bearing No.1749 to the petitioner.
The learned counsel for the respondents submits that the vendor of the petitioner did not obtain a sale deed in his name, but had transferred the site to the petitioner. He contends Rule 14(3)(b) of the Bangalore Development Authority (Allotment of Sites) Rules, 1984, mandate that when an allottee sells the site with a building without obtaining the approval of the Bangalore Development Authority and without obtaining a deed of absolute sale, then if the allottee pays to the authority an amount calculated 12% per annum on allotted value of the site, the same can be regularized by executing deeds of conveyance in favour of the purchaser. He therefore contends that the case of the petitioner would be considered in the light of the above Rules.
In view of the fact that the petitioner has purchased the site long after the expiry of the period prescribed under the possession certificate had expired, the petitioner is entitled for a deed of conveyance from the respondent No.2.
In that view of the matter, this petition is disposed of, directing the respondent No.2 to consider the representation of the petitioner in the light of Rule 14(3)(b) of the Bangalore Development Authority (Allotment of Sites) Rules, 1984 and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.