- 1 - NC: 2025:KHC:780 WP No. 1414 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 1414 OF 2024 (BDA) BETWEEN: 1. SMT. SMITHA GUBBI WIFE OF RAVINDRA GANGAVARAM, AGED ABOUT 44 YEARS, PRESENTLY RESIDING AT No.40, VAIL LN WACHUNG, NJ 07069 U.S.A. 2. SRI RAVINDRA GANGAVARAM S/O SRI NARASIMHALU CHETTY, AGED ABOUT 51 YEARS, PRESENTLY RESIDING AT No.40, VAIL LN WACHUNG, NJ 07069 U.S.A. REPRESENTED BY THEIR G.P.A HOLDER, SRI. SURENARA GUPTA S/O SRI NARASIMHALU CHETTY, AGED ABOUT 53 YEARS, RESIDENT OF 18/4/48 2ND FLOOR, RAILWAY COLONY, OPPOSITE PARK, TIRUPATI-517 501. …PETITIONERS (BY SRI. PAVAN N. REDDY., ADVOCATE FOR SRI. LEELARAJU M N.,ADVOCATE) AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST T. CHOWDAIAH ROAD Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:780 WP No. 1414 of 2024 BENGALURU-560 020. …RESPONDENT (BY SRI. MURUGESH V CHARATI.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 29.10.2021 ANNEXURE-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this court seeking following reliefs; "a) Issue a Writ or direction, quashing the endorsement dated:14.10.2023 issued by the Respondent produced under Annexure -J. b) Issue a Writ of Mandamus or any other appropriate Writ or direction, directing the Respondent, Bangalore Development Authority, to allot the marginal land at a price calculated based on the prevailing rates as on 14.08.2013, as per the representation dated:29.10.2021 produced under Annexure -H." 2. Case of the petitioner is that he is the owner of site bearing No.46, measuring East to West 60 ft. and North to South 40 ft. totally measuring 2400 sq. ft, situated at 30th Cross, Tilaknagar, Bannerghatta road, Bangalore, which is presently within the jurisdiction of - 3 - NC: 2025:KHC:780 WP No. 1414 of 2024 BBMP. That there is a marginal area/land measuring 86.25 sq. mtrs. abutting to the western end of the property of the petitioner. 3. That petitioner had filed an application seeking allotment of said marginal area/land. In response to which, the respondent -BDA had issued a communication dated 11.12.2017 calling upon the petitioner to pay a sum of Rs.78,66,000/- towards the cost of the said marginal area/land. Aggrieved by the fixation of the amount, petitioner had approached this Court by filing a writ petition in W.P.No.43796/2018 which was disposed of by this Court by order dated 26.10.2021 directing the respondent -BDA to consider the representation of the petitioner afresh with regard to fixation of the price of marginal land. In response to the same, the impugned endorsement at Annexure-H has been issued by the respondent -BDA. - 4 - NC: 2025:KHC:780 WP No. 1414 of 2024 4. Referring to the contents of the said endorsement, counsel for the petitioner submits that respondent -BDA has misconstrued the representation given by the petitioner. In that, though the petitioner had specifically requested for fixing of the rate of the marginal area/land as per the rates prevailing at the time of the application for allotment dated 14.08.2012 made by the petitioner, the respondent -BDA had construed the same as if the petitioner had sought for fixing of the rate prevalent in the year 1975 which was the date when the site No.46 was allotted to the petitioner. He submits that this misconception and misconstruing of the requisition made by the petitioner has resulted in issuance of a wrong and erroneous endorsement. Hence, the petition. 5. Learned counsel for the respondent-BDA in response submits that the requisition of the petitioner to fix the rate of the marginal area/land as on the date of application dated 14.08.2012 would be reconsidered and appropriate orders in this regard will be passed. - 5 - NC: 2025:KHC:780 WP No. 1414 of 2024 6. In that view of the matter, following; ORDER (1) The petition is partly allowed. (2) The endorsement at Annexure-J is quashed. (3) Petitioner to make a fresh representation specifying the date as to which he prefers the respondent -BDA to re-fix the rate of the marginal area/land within thirteen (30) days from today. (4) The respondent-BDA to reconsider the same and pass appropriate orders within eight (8) weeks thereafter. Sd/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 47