- 1 - NC: 2025:KHC:15240 WP No. 4524 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 4524 OF 2020 (BDA) BETWEEN: M/S NIKHIL CONSTRUCTION COMPANY PVT LTD. BEING A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT: FLAT NO.102, 2/2, BASAPPA ROAD, SHANTI NAGAR, BANGALORE 560 027. BEING REPRESENTED BY ONE OF ITS DIRECTORS AND AUTHORIZED SIGNATORY BY WAY OF BOARD RESOLUTION DATED 22.02.2020: MR. SUDERSHAN KUMAR MANCHANDA AGED ABOUT 71 YEARS, S/O LATE MUNSHILAL MANCHANDA, R/AT: NO.40, BASAPPA ROAD, SHANTHI NAGAR, BANGALORE - 560 027. …PETITIONER (BY SRI. D.P. MAHESH, ADVOCATE) AND: 1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15240 WP No. 4524 of 2020 BANGALORE - 560 020. 2. MR. BASAVARAJ NAIK, S/O LATE MANYA NAIK, AGED ABOUT 54 YEARS, MAYAKONDA ALURU HATTI, MALLE KATTE POST, DAVANAGERE DISTRICT - 577 512. …RESPONDENTS (BY SRI. MURUGESH V. CHARATI, ADVOCATE FOR R1 R2 - VIDE ORDER DATED 05.03.2025, NOTICE DISPENSED WITH) ******* THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ALLEGED ALLOTMENT LETTER ISSUED BY THE R-1 IN FAVOR OF THE R-2 DATED 06.12.2019 PRODUCED AT ANNX-S, DATED 06.12.2019 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS - 3 - NC: 2025:KHC:15240 WP No. 4524 of 2020 ORAL ORDER 1. The grievance of the petitioner is that although the 1st respondent/BDA has utilized 37 guntas of land in Sy.No.1/1 and 44 of Rajamahal, Chikkamarenahalli Village, Kasaba Hobli, without acquisition and the petitioners have given representation to the BDA for allotment of developed sites in accordance with law, nevertheless the same has not been considered by the 1st respondent/BDA. 2. Learned counsel for the petitioner however, submits that Annexure-L is an allotment letter dated 20.04.2016 where site No.410 of J.P.Nagar 4th phase has been allotted to the petitioner, but that only fulfills a part of the obligation on the part of the BDA and it is yet to allot the legitimate extent of land to the petitioner. 3. During the course of these proceedings interim directions were issued by this Court on 26.02.2020 - 4 - NC: 2025:KHC:15240 WP No. 4524 of 2020 directing the 1st respondent/BDA not to proceed further in the matter of Item No.1 of the petition schedule site No.626/C, HSR 6th Sector, Bangalore, until further orders. However, it was also directed that insofar as Item Nos.2 to 5 are concerned the BDA shall not create any third party rights during the pendency of the petition. However, in violation of the interim directions given by this Court, a sale deed dated 03.03.2020 was executed by BDA in respect of Item No.1. The petitioner was constrained to file a contempt petition in CCC No.302/2021. Respondent No. 1 filed an affidavit before the Hon'ble Division Bench that a suit in O.S.No.4455/2021 has been filed for cancellation of the sale deed. The Division Bench, by order dated 24.04.2024, directed the BDA to reserve Site No. 1369, situated at Sir M.Vishweshwaraiah further extension Layout, in favour of the petitioner, in lieu of Item No. 1 of the petition schedule property. 4. The contempt petition was disposed of by making an interim order dated 24.04.2024 absolute. - 5 - NC: 2025:KHC:15240 WP No. 4524 of 2020 5. In that view of the matter an amendment application has been filed in I.A.No.1/2024 to include site No.1369 situated at Sir M.Vishweshwaraiah Further Extension Layout in lieu of Item No.1 6. Learned counsel for the 1st respondent/BDA submits on instructions that the grievance of the petitioner will be considered in accordance with law and action will be taken to allot the sites in favour of the petitioner in accordance with law. Learned counsel would therefore, pray that the writ petition may be accordingly disposed of with a direction to the 1st respondent. 7. Learned counsel for the petitioner also submits on instructions that the writ petition may be disposed of with such directions. 8. Accordingly, the writ petition stands disposed of with a direction to the 1st respondent/BDA to proceed to consider the request made by the petitioner for allotment of developed sites in accordance with law and having - 6 - NC: 2025:KHC:15240 WP No. 4524 of 2020 regard to the directions issued by the Division Bench in respect of site number 1369 situated at Sir M.Vishweshwaraiah Further Extension Layout. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. 9. Ordered accordingly. 10. The interim directions issued by this Court insofar as Item Nos.2 to 5 is concerned shall continue till a decision is taken by 1st respondent/BDA. Pending I.A.s if any, stands disposed of. Sd/- (R DEVDAS) JUDGE NG List No.: 1 Sl No.: 42 CT: BHK