Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4876 WP No. 1707 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 1707 OF 2023 (BDA) BETWEEN:
SMT LAKSHMI @ LAKSHMAMMA W/O LAKSHMAN S.M.
AGED ABOUT 62 YEARS R/A NO.38/12, 6TH MAIN ROAD SRI KANTESHWARA NAGAR BENGALURU NORTH NANDINI LAYOUT, BENGALURU-560 096. …PETITIONER (BY SRI. SOMASEKHARA K H., ADVOCATE)
AND:
1.
STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY.
2.
THE BENGALURU DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020. …RESPONDENTS (BY SRI.HANUMANTHARAYA LAGALI, AGA FOR R-1, SRI.AJAY KUMAR M., ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS. ISSUE AN
ORDER, DIRECTION OR WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE R2 TO EXECUTE THE SALE DEED
Digitally signed by SUMA B N Location: High Court of Karnataka
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NC: 2025:KHC:4876 WP No. 1707 of 2023
IN FAVOUR OF THE PETITIONER AS PER THE ALLOTMENT CERTIFICATE DATED 30/12/2005, ALLOTTING SITE NO.352, BLOCK NO.XIX, ARKAVATHY LAYOUT VIDE ANNEXURE-A.
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 direction to respondent-BDA to execute the deed of sale in favour of petitioner in respect of site bearing No.352, Block No.19 situated at Arkavathy Layout which was allotted to the petitioner vide letter of allotment dated 30.12.2005 produced at Annexure-A.
2. Learned counsel for petitioner further submits that the entire cost of the site has been paid to the respondent- BDA. Though the allotment was made as far as back on 30.12.2005, the respondent-BDA has not executed deed of sale till date.
3. Learned counsel for respondent-BDA submits that the land in which the site was allotted to the petitioner formed part of acquisition has been subject matter of litigation and the matter is pending before the Committee headed by Hon’ble
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NC: 2025:KHC:4876 WP No. 1707 of 2023
Justice Sri.K.N.Keshavanarayana which is also considering the grievance of the applicants as that of the petitioner. He submits therefore petitioner has an option to seek redressal of her grievance either before the Committee headed by Hon’ble Justice Sri.K.N.Keshavanarayana or wait for allotment of site in any other layout.
4. On a query by this Court learned counsel for respondent-BDA submits that respondent-BDA would identify an alternate site in Nadaprabhu Kempegowda Layout and given sometime the process in this regard would be initiated and completed in accordance with law.
5. In response learned counsel for petitioner submits that petitioner would prefer to seek allotment of an alternate site in Nadaprabhu Kempegowda Layout as offered by learned counsel for respondent-BDA.
6. Submission taken on record. In view of the above, writ petition is disposed of. Petitioner is at liberty to file a fresh representation to the respondent-BDA within 30 days from the date of receipt of
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NC: 2025:KHC:4876 WP No. 1707 of 2023
certified copy of this order seeking allotment of alternate site in Nadaprabhu Kempegowda Layout. Respondent-BDA shall consider the said representation within a period of twelve weeks from the date of submission of the representation and shall convey its decision in writing to the petitioner within the time specified above.
SD/- (M.G.S. KAMAL) JUDGE
SBN