- 1 - NC: 2025:KHC:4400 WP No. 7091 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 7091 OF 2023 (LB-BMP) BETWEEN: 1. SMT. LALITHA. B W/O LATE CHANDRASHEKARAIAH, AGED ABOUT 51 YEARS, RESIDING AT NO 11, 18TH CROSS KOTTIGEPALYA, SAJJEPALYA NEW LAYOUT, RAJARAJESHWARI NAGAR, BENGALURU 560091 …PETITIONER (BY SMT. SONA VAKKUND., ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, N R SQUARE, BENGALURU 560002 2. JOINT COMMISSIONER BBMP WEST ZONE, LG-34, SAMPIGE ROAD, JAI BHEEMA NAGAR, MALLESWARAM, BENGALURU 560003 3. ASSISTANT REVENUE OFFICER GANDHI NAGAR (SUB DIVISION) BBMP, DR. TCM RAYAN ROAD, NEAR CITY RAILWAY STATION, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4400 WP No. 7091 of 2023 BENGALURU 560053 4. THE COMMISSIONER KARNATAKA SLUM DEVELOPMENT BOARD, NO 55, ABHAYA COMPLEX, RISALDAR STREET, SHESHADRIPURAM, BENGALURU 560020 5. SMT BHAGYAMMA W/O JAVARAIAH, AGED ABOUT 45 YEARS, R/AT NEW NO 19, NETHAJI NAGARA, 13TH CROSS, SAMPIGE MAIN ROAD, MALLESHWARA, BENGALURU 560003 …RESPONDENTS (BY SRI. V.G.BHANUPRAKASH., ADVOCATE FOR R-1 TO R-3; SRI.H.L.PRADEEP KUMAR., ADVOCATE FOR R-4; SRI. CHETHANB., ADVOCATE FOR R-5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECTING THE BBMP TO EXECUTE THE SALE DEED IN FAVOUR OF PETITIONER WITH REGARD TO HOUSE NO.19 CONSTRUCTED IN BLOCK A OF NETHAJI SUBHASH CHANDRA RESIDENTIAL COMPLEX, 13TH CROSS MALLESHWARAM, BENGALURU - 560003, BY CORRECTING THE MISTAKE CREPT IN BIO METRIC CARD BY THE BBMP OFFICIALS TO MEET THE ENDS OF JUSTICE, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:4400 WP No. 7091 of 2023 ORAL ORDER 1. The prayer in this writ petition is for issuance of a direction to the Bruhat Bengaluru Mahanagara Palike ('the BBMP') to execute a sale deed in favour of the petitioner with regard to House No.19 constructed in Block ‘A’ of Nethaji Subhash Chandra Residential Complex, 13th Cross, Malleshwara, Bengaluru. 2. It is the case of the petitioner that she was the resident of Hut No.7 in the slum which existed on 13th Cross, Sampige Road, Malleshwara and the BBMP with an intention to rehabilitate the slum dwellers had constructed a multi-storey residential complex in which the BBMP itself identified the petitioner to be a resident of Hut No.7. 3. The petitioner places reliance on Annexure ‘C’, list of beneficiaries prepared by the BBMP in which the name of the petitioner is indicated, the Electoral ID - 4 - NC: 2025:KHC:4400 WP No. 7091 of 2023 Card and the consent letter having been received is also indicated. 4. It is contended that thereafter, the BBMP conducted a draw for allotment of units constructed by the Slum Board and in the draw, the petitioner was allotted House No.19 at Block ‘A’ and she was also given an endorsement to that effect vide Annexure ‘D’. The petitioner also contends that subsequently, an Allotment Letter was also issued to her on 12.11.2013 as per Annexure ‘E’. 5. However, it is her case that though she was the beneficiary of the draw and an Allotment Letter was also issued in her favour, the Slum Board has proceeded to issue another Allotment Letter in favour of her sister-in-law—Bhagyamma and therefore, she is before this Court seeking for a direction to the BBMP to execute the sale deed in her favour. - 5 - NC: 2025:KHC:4400 WP No. 7091 of 2023 6. The learned counsel who appears for the sister-in- law of the petitioner contends that the entire family was residing in Hut No.7 and the petitioner had managed to get her name entered and realising her folly, she has thereafter executed an affidavit as per Annexure ‘G’ by which she agreed that the property allotted to her be transferred in the name of respondent No.5, for which she had no objection. 7. It is therefore contended that when the petitioner herself admitted that the property allotted to her be transferred to respondent No.5, there cannot be any dispute regarding the entitlement of respondent No.5 for allotment of the house. 8. At the outset, it has to be stated here that the affidavit that is placed reliance upon by the respondent No.5 herself would indicate that the Slum Board did allot the property in question to the petitioner and according to respondent No.5, the - 6 - NC: 2025:KHC:4400 WP No. 7091 of 2023 petitioner had given her no objection for the transfer in the name of respondent No.5. 9. Since this affidavit by itself indicates that the allotment of House No.19 was made to the petitioner, it is obvious that the Slum Board can only convey the property to the petitioner and not to respondent No.5. 10. The petitioner has also placed on record the endorsement issued by the Slum Board in which it is indicated that she was the beneficiary of House No.19 as per Annexure ‘C’, and she has also produced the Allotment Letter dated 12.11.2013 as per Annexure ‘E’ issued by the Slum Board in her favour. 11. In my view, in light of the fact that the allotment was made in favour of the petitioner, the Slum Board would have to necessarily convey the property to the petitioner. - 7 - NC: 2025:KHC:4400 WP No. 7091 of 2023 12. Accordingly, the Slum Board or the BBMP—whoever is required to execute the sale deed—shall convey the property in favour of the petitioner by executing a proper deed within a period of two months from the date of receipt of a copy of this order. 13. It is however necessary to state here that it will be open for respondent No.5 to approach the Civil Court if she is of the opinion that the allotment made in favour of the petitioner is actually an allotment made in favour of the family and the entire family has a right over the said allotment. 14. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 72