ANANDA R v. THE SECRETARY TO GOVERNMENT
Case Details
Acts & Sections
5. SRI. N. LAKSHMAIAH S/O DODDANARAYANAPPA AGED ABOUT 50 YEARS R/AT KADUGUDI BANGALORE EAST TALUK - 560 067.
6. K.N. MUNIREDDY S/O NARASA REDDY AGED ABOUT 35 YEARS KADUGODI VILLAGE BANGALORE 560 067
7. VEERASWAMY REDDY S/O NARASA REDDY AGED ABOUT 32 YEARS
8. SRI. L. VENKATESH S/O LATE N. LAKSHMAIAH AGED ABOUT 69 YEARS.
9. SRI. K.L. RAMESH S/O LATE N. LAKSHMAIAH AGED ABOUT 67 YEARS.
10. SRI. L. SHANKAR S/O LATE N. LAKSHMAIAH - 3 - NC: 2024:KHC:17904 WP No. 26616 of 2023 AGED ABOUT 65 YEARS
11. SRI K.L. SURESH S/O LATE N. LAKSHMAIAH AGED ABOUT 63 YEARS NO.7 TO 11 ARE R/AT NO. 3012, NEAR YELLAREDDY CIRCLE KADUGODI BANGALORE 560 067.
12. SRI K.T NAGARAJ S/O LATE THIMMAIAH AGED ABOUT 59 YEARS RA/T NO. 88/A 1ST K BLOCK, 12TH CROSS RAJAJINAGAR, BANGALORE 560 010
13. SRI. K.V. VENKATESH MURTHY S/O LATE BYANNA AGED ABOUT 59 YEARS R/AT NO. 1472 4TH A MAIN, 11TH CROSS, MAHALAKSHMIPURAM BANGALORE 560 086
14. SRI VIJAY KUMAR CHOURASIA S/O SRI RAM CHOURASIA AGED ABOUT 55 YEARS RA/T NO. 2246 HAL, 3RD STAGE, 3RD CROSS 5TH MAIN, KONENA AGRAHARA BANGALORE 560 017
15. SRI. VIJAY PRAKASH CHOURASIA S/O SRI RAM CHOURASIA AGED ABOUT 53 YEARS R/AT NO.22, ASHWATHNAGAR MUNNEKOLALA MARATHAHALLI POST BANGALORE 560 037 - 4 - NC: 2024:KHC:17904 WP No. 26616 of 2023
16. INDIAN BANK A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT 1970 HAVING ITS HEAD OFFICE NO.66, RAJAJI SALAI, CHENNAI 600 001 BRANCH AT BAAVANAGUDI BRANCH, 7, GANDHI BAZAR, BANGALORE 560 004 REP BY ITS CHIEF MANAGER SRI RAMACHANDRAN.
17. MR. ASLAM.S S/O SRI. SYED MAHABOOB AGED ABOUT 60 YEARS
18. MRS. NAZEEM ASLAM W/O SRI. ASLAM.S AGED ABOUT 57 YEARS. NO.17 AND 18 ARE RESIDING NO.103, A BLOCK, SPARTAN HEIGHTS APARTMENTS RICHMOND ROAD, BANGALORE - 560 025.
19. M/S CANOPY DWELLINGS (P) LIMITED HAVING REGISTERED OFFICE AT CANOPY HOUSE NO. 809 5TH A CROSS HRBR 1ST BLOCK KALYAN NAGAR BANGALORE 560 043 REP BY ITS MANAGING DIRECTOR SRI SYED FAISAL RIZVI S/O SRI SYED NASAR RIZVI
20. M/S V.K.C. DEVELOPERS PVT LTD CHOURASIA HEIGHTS R/AT NO.22, 1ST CROSS ASHWATH NAGAR MARATHAHALLI - 5 - NC: 2024:KHC:17904 WP No. 26616 of 2023 BANGALORE 560 037 REP BY ITS MANAGING DIRECTOR SRI. VIJAY PRAKASH CHOURASIA SRI VIJAY KUMAR CHOURASIA (DIRECTOR)
21. SMT. RAJINI CHOURASIA W/O SRI VIJAY PRAKASH CHOURASIA AGED ABOUT 38 YEARS RA/T NO.22 ASHWATH NAGAR MUNNEKOLALA EXTENSION MARATHAHALLI POST BANGALORE 560 037
22. SMT. PRAMILA CHOURASIA W/O VIJAY KUMAR CHOURASIA AGED ABOUT 56 YEARS R/AT NO. 126 NAL RAOD, MURGESH PALYA BANGALORE 560 017 (BY SRI. N.B. PATIL, AGA FOR R1 TO R4) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. BY THE ORDER OF VOA(H)219/68-69, DATED 29/09/72 AND AMENDMENT ACT, 1978/79 AND AMENDMENT ACT 30/2023, DATED 27/06/2023, REGISTER SALE DEED WITHOUT RTC AND MR IN THE NAME OF THE R8 TO R11. AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 6 - NC: 2024:KHC:17904 WP No. 26616 of 2023 ORDER In this petition, the petitioners seek the following reliefs: “1. By the order of VOA(H) 219/68-69 dated
29.09.1972 and Amendment Act, 1978-79 and Amendment Act 30/2023, dated 27.06.2023, Register Sale Deed without RTC and MR in the name of the respondent Annexure-A, A1 to A13.
2. Issue writ of certiorari or any other order / direction / quashing the sale deed Reg No.2453/70- 71, dated 06.10.70, Annexure-A 2) Reg No.1190/74- 75, dated 30.05.1974, Annexure-A1 and 3) Reg No.1764/74-75, dated 29.06.74 and Annexure-A2, 15 in Sy No.302 extent 2 Acre 18 guntas situated at Kadugudi Biarahalli Hobli, Bangalore Rural District at Hoskote registered now this property included in East Taluk, K.R. Puram is also below registered sale deed to be quashed and as Null and void.
3. The Absolute Sale Deed dated 30.12.2004 registered No.KRI-1-26612/2004-05, stored in CD No.KRID 100, dated : 30.12.2004 in the office of the Sub-Registrar, K.R. Puram, Bangalore East.
4. The Absolute Sale Deed dated 30.12.2004, registered No.KRI-1-26610/2004-2005, stored in CD No.KRID 100, dated 30.12.2004 in the office of the Sub Registrar, K.R. Puram, Bangalore East in - 7 - NC: 2024:KHC:17904 WP No. 26616 of 2023 favour of K.B. Venkatesh Murthy, name of the respondent No.8 to 11.
5. The absolute Sale deed dated 22.08.2006 registered No.KRI-1-17447/2006-2007, stored in CD No.KRID-245, dated 22.08.2006 in the office of the Sub-Registrar, K.R. Puram, Bangalore East favour of K.B. Venkatesh Murthy to Vijay Kumara Chourasia name of the respondent No.8 to 11.
6. The Absolute Sale Deed dated 22.08.2006 registered No.KRI-1-17440/2006-2007 stored in CD No.KRID 245, dated 22.08.2006 in the office of the Sub-Registrar, K.R. Puram, Bangalore East favour of K.T. Nagaraj to Vijay Kumara Chourasia & Vijay Kumar Chourasia name of the respondent No.8 to 11 to be cancelled or null or void and further also.
7. Memorandum of Deposit of Title Deeds, dated : 04.10.2010, favour of Security owners Mortgagors and also in favour of Indian Bank, Branch at Basavanagudi, Branch, 7, Gandhi Bazar, Bangalore 560 004, Rep by its Chief Manager Sri.Ramachandran, registered No.MDP-1- 03176/2010-11, stored in CD No.MDPD68, dated
04.10.2010 in the office of the Sub-Registrar, K.R. Puram, Bangalore East in favour of Smt. Rajini - 8 - NC: 2024:KHC:17904 WP No. 26616 of 2023 Chourasia W/o. Sri.Vijay Prakash Chourasia, aged about 37 years, residing at No.22, Ashwath Nagar, Munnekalala, Marathahalli Post, Bangalore – 560 037 to Vijay Kumar Chourasia S/o. Rama Dev Chourasia, Aged about 57 years residing at No.126, NAL Road Murgesh Palya, Bangalore 560 017, name of the respondent Nos.8 to 11, Annexure-7 to
8. Memorandum of Deposit of Title Deeds dated
24.11.2012, registered No.VRT-1-04307/2012-13 stored in CD No.VRTD 168, dated 24.11.2012 in the office of the Sub-Registrar, K.R. Puram, Bangalore East in favour of M/s. VKC Developers Pvt. Ltd., and Smt. Rajini Chourasia, Sri. Vijay Kumar Chourasia and Vijaya Prakash Chourasia, name of the respondent No.8 to 11 to be quashed or null and void.
9. Memorandum of Deposit of Title Deeds dated
19.12.2011, registered No.VRT-1-07887/2011-12 stored in CD No.VRTD141, dated 19.12.2011 in the office of the Sub Registrar, K.R. Puram, Bangalore East in favour of VKC Developers Pvt. Ltd., and Rajini Chourasia and also Sri. Vijaya Kumar Chourasia and Vijaya Prakash Chuorasia and Smt.Pramila Chourasia in favour Indian Bank, Branch at Basavanagudi, Branch, 7, Gandhi Bazar - 9 - NC: 2024:KHC:17904 WP No. 26616 of 2023 Bangalore – 560 004 name of the respondent No.8 to 11, these documents violated the rules of PTCL Act and recent Amendments Act 2023 referring 1978-79 KVOA Act of Karnataka Government. The above sale deeds are prayed to make null and void and quashed the document and referring Sub- Registrar office where they registered at Sub- Registrar Office K.R. Puram, Bangalore – 67.
10. Memorandum of Deposit of Title Deeds dated
23.03.2013, registered No.VRT-1-06734/2012-13 stored in CD No.VRTD 189, dated 23.03.2013 in the office of the Sub-Registrar, Varthur, Bangalore East by Vijaya Prakash Chourasia favour of Smt.Rajini Chourasia and Smt.Pramila Chourasia in favour of Indian Bank, Branch at Basavanagudi Branch, 7, Gandhi Bazar, Bangalore – 560 004 name of the respondent No.8 to 11 to be quashed.
11. Memorandum of Deposit of Title Deeds, dated
15.05.2012, registered No.VRT-1-03641/2013-14 stored in CD No.VRTD197, dated 26.09.2013 in the office of the Sub-Registrar, Varthur, Bangalore East, by Vijaya Prakash Chourasia, Vijay Kumar Chourasia, Smt. Raji Chourasia and Smt. Pramila Chourasia in favour of Indian Bank, Branch at Basavanagudi, Branch 7, Gandhi Bazar Bangalore- - 10 - NC: 2024:KHC:17904 WP No. 26616 of 2023 560 004 name of the respondent Nos.8 to 11 to be quashed.
12. Memorandum of Deposit of Title Deeds, dated: 21.11.2007, registered No.SHV-1-03131/2007- 208 stored in CD No.SHVD91, dated 21.11.2007 in the office of Sub-Registrar, Shivajinagar, K.R. Puram, Bangalore East, by Vijay Kumar Chourasia, in favour of Indian Bank, Branch at Basavanagudi, Branch, 7, Gandhi Bazar, Bangalore – 560 004 name of the respondent Nos.8 to 11 to be quashed.
13. Memorandum of Deposit of Title Deeds, registered No.VRT-1-0765/2012-13 stored in CD No.VRTD153, dated 15.05.2012 in the office of the Sub-Registrar, Varthur, Bangalore East, by Vijay Kumar Chourasia, Vijay Prakash Chourasia, in favour of Indian Bank, Branch at Basavanagudi, Branch 7, Gandhi Bazar, Bangalore – 560 004, name of the respondent No.8 to 11 to be quashed Annexure-7 to 13.
14. Award cost of the petition.
15. Pass such other order as this Hon’ble Court deems fit to grant in the facts and circumstance of the case in the interest of justice and equity.” - 11 - NC: 2024:KHC:17904 WP No. 26616 of 2023
2. Heard.
3. Though several contentions have been urged by the petitioners in support of the aforesaid reliefs, having regard to the fact that the said reliefs are incapable of being entertained and adjudicated upon by this Court in exercise of its jurisdiction under Article-226 of Constitution of India, I deem it just and appropriate to dispose off this petition reserving liberty in favour of the petitioners to take recourse to such other remedies as available in law.
3. Subject to the aforesaid directions the writ petition stands disposed off. Sd/- JUDGE JJ List No.: 1 Sl No.: 13