- 1 - NC: 2025:KHC:2572 WP No. 8611 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 8611 OF 2020 (BDA) BETWEEN: S. NAGEGOWDA, SON OF LATE L.SIDDEGOWDA, AGED ABOUT 45 YEARS, PRESENTLY RESIDING AT NO.20/2, 2ND MAIN ROAD, MARENAHALLI, VJAYANAGARA, BENGALURU - 560 040. …PETITIONER (BY SRI. ABHINAY Y.T, ADVOCATE) AND: 1. BENGALURU DEVELOPMENT AUTHORITY KUMARAPARK WEST, BENGALURU - 560 001 REPRESENTED BY ITS COMMISSIONER. 2. CHIEF EXECUTIVE ENGINEER SOUTH ZONE, BDA COMMERCIAL COMPLEX BANASHANKARI II STAGE, BENGALURU - 560 070. …RESPONDENTS (BY SRI. MURUGESH V. CHARATI, ADVOCATE FOR R1 AND R2) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE E-AUCTION NOTIFICATION DATED 17.6.2020 ONLY IN RESPECT OF SITE BEARING NO.914 SITUATED AT 11 BLOCK, 6TH STAGE BENGALURU SHOWING THE MEASUREMENT OF SITE AS NORTH TO SOUTH 12.00 MTRS AND EAST TO WEST (12.00+15.00) 2 MTRS ANNEXURE-F ISSUED BY RESPONDENTS AND ETC., Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2572 WP No. 8611 of 2020 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The petitioner claims to be the owner of the site bearing No.914/1 measuring 9.00 meters by 12.00 meters situated at 11th Block, 6th Stage, Banashankari, Bengaluru, which was allotted by the respondent-Bangalore Development Authority (for short 'BDA') vide allotment letter dated 06.05.2015. That a lease-cum-sale deed dated was executed on 27.11.2015 and the possession certificate was also issued on 27.11.2015. That subsequently, a deed of sale dated 11.06.2019 has been executed and khata has also been registered in favour of the petitioner. That petitioner has put up a residential house on the aforesaid site and has been in possession and enjoyment of the same. Contending as above, petitioner is before this Court seeking following reliefs: a) "Quash the e-Auction notification dated 17.6.2020 bearing no.BDA/EM/e-Auction/T-01-2020-21 only in respect of site bearing no.914 situated at 11 block, 6th Stage, Bengaluru showing the measurement of site as North to South -12.00 mtrs and East to West -(12.00+15.00)/2 mtrs (Annexure-F) and issued by Respondents. - 3 - NC: 2025:KHC:2572 WP No. 8611 of 2020 b) Pass such other orders as this Hon'ble Court deems fit to pass, in the interest of justice and equity." 2. Learned counsel for the petitioner reiterating the averments on the grounds urged in the petition and submits that the grievance of the petitioner is that on 17.06.2020, the respondent-BDA had issued an e-Auction Notification announcing auction of the commercial, residential corner/intermediate sites on " as is where is basis". That, in the said notification, respondent-BDA had proposed auction a site bearing No.914 measuring [12.00 mts x ( 12.00+15.00)]/2 mts, as mentioned at serial number 201 of the notification produced at Annexure-F. That the said site No.914 is actually measuring only 53.99 Sq.mts or 581.2 Square feet. However, the measurement as shown in the said notification is incorrect and it may included the portion of site No.914/1 belonging to the petitioner, which is adjacent to site No.914, now sought to be auctioned through the e-auction. That it is this conduct of the respondent-BDA, given wrong and misleading measurement/dimension of site bearing No.914, that has created apprehension in the mind of the petitioner, constraining him to approach this Court. - 4 - NC: 2025:KHC:2572 WP No. 8611 of 2020 3. Statement of objections has been filed by the respondent-BDA admitting the allotment of Site No.914/1 and its measurement as claimed by the petitioner. It is however contended that the Site No.914 now sought to be auctioned through e-auction is situated towards the eastern side of the petitioner's property, which is a corner site. 4. Since, the said objection statement did not meet the allegations made by the petitioner, specifically with respect to the apprehension referred above, this Court by order dated 19.03.2024 had directed the respondent-BDA to file better statement of objections clarifying the position. 5. Today, learned counsel for the respondent-BDA on instruction submits that the e-auctioning of the Site No.914 which is a corner site situated on the eastern side of the Site No.914/1 belonging to the petitioner, will not lessen the measurement of the site belonging to the petitioner. The measurement of the site of the petitioner would remain intact. Said submission made by the learned counsel for the respondent-BDA is taken as an undertaking to this court. - 5 - NC: 2025:KHC:2572 WP No. 8611 of 2020 6. Learned counsel for the petitioner submits that the petitioner has already put-up construction on his site within the area allotted to the petitioner. In that view of the matter and since the apprehension of the petitioner is clarified by the submission made by the learned counsel for the respondent- BDA, this Court do not see any reason to keep this matter pending. Accordingly, the petition is disposed of. SD/- (M.G.S. KAMAL) JUDGE PK List No.: 1 Sl No.: 7 CT: BHK