- 1 - NC: 2025:KHC:15453 WP No. 7395 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 7395 OF 2025 (BDA) BETWEEN: SMT. NAGAMMA, W/O LATE H.M. GANGAPPA, AGED ABOUT 62 YEARS, R/AT NO.37, 19TH CROSS, L.R NAGAR, VIVEKA NAGAR POST, 1ST STAGE, KORAMANGALA, BANGALORE - 560 079. …PETITIONER (BY SRI. PUTTE GOWDA K, ADVOCATE) AND: BANGALORE DEVELOPMENT AUTHORITY, NO.1, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020, BY ITS COMMISSIONER. …RESPONDENT (BY SRI. G. LAKSHMEESH RAO, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE BDA TO ALLOT AN ALTERNATIVE PLOT OR AN EQUIVALENT PLOT IN Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15453 WP No. 7395 of 2025 THE SAME LAYOUT BY ISSUING A WRIT IN THE NATURE OF MANDAMUS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER By order dated 28.03.2025, this Court had issued the following directions: "Learned counsel for the petitioner submits that pursuant to the directions issued in the second writ petition, i.e., Writ Petition No.56787/2014 dated 27th April 2015 that the remaining 22 members of the Society, i.e., Bengaluru Nagara and Gramanthara Jille Shree Swamy Vivekananda Parishishta Jathi Parishishta Vargagala Kshemabhirudi Sangha® shall be allotted sites within an outer limit of six weeks in Survey No.90 of Hosakerehalli village, Bangalore south taluk, Contempt proceedings were initiated in CCC No.913/2015 and 927-948/2015. A memo was filed at the hands of the then Commissioner of BDA that a decision has already been taken to allot sites measuring 20 x 30 feet within three months and therefore, the contempt - 3 - NC: 2025:KHC:15453 WP No. 7395 of 2025 proceedings were dropped. However, when it was brought to the notice of this Court that only 11 out of the 22 members were allotted sites in Survey No.90 of Hosakerehalli village and the rest of the 11 members were sought to be allotted sites in a different place, contempt proceedings were revived. Once again, an undertaking was given on behalf of the Commissioner, BDA that the representation given by the 11 members will be considered and alternative arrangement will be made for allotment within a period of eight weeks from the date of order. Accordingly, the contempt proceedings were dropped. Thereafter, the petitioner was allotted site No.16/A of BTM I Stage (Madivala village Survey No.34) while calling upon the petitioner to make payments regarding the allotment. The petitioner has accordingly deposited the amount demanded at Annexure-E, allotment letter dated 17.01.2018. However, it is submitted that the site allotted to the petitioner is in occupation of some other person who has put up a multi-storied building on the site. Therefore, the petitioner has given several representations commencing from 06.07.2018 at Annexure-J to M dated 24.02.2025. However, no action is taken by the respondents. - 4 - NC: 2025:KHC:15453 WP No. 7395 of 2025 At this juncture, learned counsel for respondent-BDA seeks for a short accommodation to secure instructions and make submissions. Re-list this matter for preliminary hearing on 4th April 2025." 2. Today, learned counsel for the respondent-BDA has filed a memo stating that the respondent authorities have identified site No. 1004, measuring 6 x 9 meters, situated at 11th Block, Banashankari 6th Stage, for allotment in favour of the petitioner. However, it is also stated that the allotment will be made subject to the petitioner submitting a caste certificate, income certificate and original receipt challan for having paid the sital value. 3. The memo dated 15.04.2025, filed by learned counsel for the respondent-BDA is taken on record subject to all just exceptions. 4. The writ petition is accordingly disposed of, directing the petitioner to submit all the requisite documents for verification at the hands of the respondent authorities. The respondent authorities shall proceed to make the allotment - 5 - NC: 2025:KHC:15453 WP No. 7395 of 2025 accordingly, after verification of the documents, as expeditiously as possible and at any rate within a period of eight weeks from the date of receipt of a copy of this order and the submission of the documents at the hands of the petitioner, within a period of two weeks from today. Sd/- (R DEVDAS) JUDGE rv