DIVYESH KUMAR S/O RAMESH K. SHAH REP. BY G.P.A. HOLDER RAMESH K. SHAH, SRI MANEESH R. SHAH S/O RAMESH K. SHAH REP. BY G.P.A. HOLDER RAMESH K. SHAH AND SRI KIRAN R. SHAH S/O RAMESH K. SHAH REP. BY G.P.A. HOLDER RAMESH K. SHAH Vs. BANGALORE DEVELO

JUDGEMENT

(1.) THIS appeal is filed by the petitioners in W.P No. 26372/2005 being aggrieved by the order dated 26.06.2007, wherein the learned single Judge has, dismissed the writ petition.

(2.) THE appellants, herein filed W.P., No. 26372/2005 seeking for quashing of, the impugned notification dated 02.02.2005 published on 03.12.2005 by the Bangalore Development Authority (for short, B.D.A. ) in so far as it relates to the petitioner's site bearing No. H47/G, situate at 5th block, Rajajinagar, Bangalore.

(3.) LEARNED single Judge after considering the contentions of the learned Counsel appearing for the petitioners and the learned Counsel appearing for the respondent, by order dated 26.06.2007, held that the vendor of the petitioners had no title over the property in, question; the auction took place on 23.05.1971, however, the sale deed, according to the petitioners, was executed only on 19.08.1992 i.e., after 21 years from the date of auction; in the sale deed, the age of the vendor of the petitioners is shown as 38 years and wherefore, on the date of auction, he would have been a minor aged about 17 years and in view of the fact that the B.D.A. has denied the execution of the sale deed in favour of the vendor of the petitioners, the vendor of the petitioners had no title to the property in question and he could not have conveyed a better title in favour of the petitioners. Therefore, the petitioners have to work out their remedy by filing suit for declaration of title before the competent Civil Court and this Court cannot consider the disputed question of fact in exercise of writ jurisdiction of this Court and accordingly, held that there is no merit in the writ petition and dismissed the writ, petition. Being aggrieved by the said order dismissing the writ petition, writ petitioners have preferred this appeal.