- 1 - NC: 2025:KHC:2307 WP No. 47383 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 47383 OF 2017 (LB) BETWEEN: SRI. H. S. MANJUNATHA RAO AGED ABOUT 48 YEARS, S/O.LATE C. SUBBARAO, RESIDING AT NO.25, 12TH MAIN ROAD, VIJAYANAGAR, BANGALORE-560 040. …PETITIONER (BY SRI. B V BADRINATH., ADVOCATE) AND: 1. THE COMMISSIONER KARNATAKA HOUSING BOARD, 3RD AND 4TH FLOOR, CAUVERY BHAVAN BUILDING, KEMPEGOUDA ROAD, BANGALORE-560 009. …RESPONDENT (BY SRI. H L PRADEEP KUMAR., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO ALLOT CORNER SITE MEASURING 40’ X 30’ IN SURVEY NO.13/2 OF JIGALA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE DISTRICT WHERE THE RESPONDENT HAS FORMED SITES. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2307 WP No. 47383 of 2017 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is for issuance of a direction to the respondent to allot a corner site measuring 40’ x 30’ in Sy.No.13/2 of Jigala village, Attibele Hobli, Anekal Taluk. 2. It is the case of the petitioner that the Karnataka Housing Board has acquired the land of the petitioner on the incorrect premise that it belongs to K.V.Shekar, as could be seen from an Annexure “L”. 3. The Housing Board has filed objections stating that after the lands were acquired, an award is passed and the compensation amount is also deposited in LAC No.349 of 2019 and the petitioner would only be entitled to claim compensation in those proceedings and hence, he cannot seek for allotment of a site. 4. In my view, since the petitioner’s site has been acquired, he would be entitled to compensation, - 3 - NC: 2025:KHC:2307 WP No. 47383 of 2017 which the Housing Board says has been deposited in LAC No.349 of 2019. 5. Therefore, it would be open for the petitioner to make a claim for payment of compensation for his site, which is stated to have been acquired by the Housing Board, before the Civil Court in LAC No.349 of 2018. 6. In addition, the petitioner is also permitted to make a representation to the Housing Board and request them to allot an alternative site, if there are Rules or circulars to that effect which would enable the Housing Board to allot sites to the land-losers. 7. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 62