- 1 - NC: 2025:KHC:8633 WP No. 16347 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 16347 OF 2023 (BDA) BETWEEN: SRI KRISHNANAD VITTAL SHETTI AGED ABOUT 53 YEARS, S/O LATE VITTAL SHETTI, R/AT 213/A, 54TH CROSS, 4TH BLOCK, OPP. RAJAJINAGAR RAMAMANDIR, BENGALURU NORTH, RAJAJINAGAR, BENGALURU - 560 010. …PETITIONER (BY SRI. AMIT M HEGDE, ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, M.S. BUILDING, BENGALURU - 560001 REPRESENTED BY ITS SECRETARY. 2. THE BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560020. REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. HANUMATHARAYA LAGALI, AGA FOR R1; SRI. AJAY KUMAR, ADVOCATE FOR R2) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8633 WP No. 16347 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO CONSIDER THE REPRESENTATIONS DATED 05/04/2021 AND 10/02/2022 (ANNEXURES-Q AND R RESPECTIVELY) AND ALLOT A SITE IN FAVOUR OF THE PETITIONER AS PRAYED FOR IN THE REPRESENTATION. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner claiming to be the son of one late Vittal Shetti is before this Court seeking direction to the respondent-BDA to consider the representation for allotment of site under category of Freedom Fighters quota. Petitioner had made representations on 05.04.2021 and 10.02.2022 for allotment of sites which has not been considered by the respondent-BDA. Hence, the petition. 2. Learned counsel for the petitioner relies upon the decision of the Co-ordinate Bench of this Court in the case of M.Sadashiva and others Vs The Secretary and anr dated 10.04.2023 in W.P.No.25852/2022 and submits that the petitioner is also similarly placed and directions as issued in the said order be issued to the respondent-BDA in this petition as well. - 3 - NC: 2025:KHC:8633 WP No. 16347 of 2023 3. Sri.Ajay Kumar, learned counsel for respondent-BDA referring to Rule 5 of Bangalore Development Authority (Allotment of sites) Rules, 1984 submits that the person claiming benefit of freedom fighter quota is required to register himself with the respondent -BDA as contemplated under Rule 8 and an application is required to made as per Rule 9. He submits that mere making representation directly without complying the said rules would not create any right in favour of the petitioner. Hence, seeks for dismissal of the petition. 4. Heard. Perused the records. 5. Though petitioner claiming to be the person entitled for benefit under the category of freedom fighter, admittedly petitioner has not registered himself under Rule 8 of the Bangalore Development Authority (Allotment of sites) Rules, 1984 and has not made any application as required thereunder. 6. Rule 8 and 9 read as under: "8. Registration :- (1) Every applicant for a site shall register his name on payment of registration fees as specified in the table below. If an applicant withdraws the registration the Authority shall refund to such applicant the entire registration fee paid by him after deducting ten percent of - 4 - NC: 2025:KHC:8633 WP No. 16347 of 2023 the registration fee towards service charges. The Registration shall be done in Form No.I. TABLE Area of the Site in Sq. Metres Registration fee (a) 350 and above Rs. 2000 (b) 225 and above but below 350 Rs.500 (c) Below 225 Rs.100 (2) Registration made shall be valid for subsequent allotments unless the applicant has withdrawn the registration. 9. Application:- (1) A person so registered as above has to apply in the prescribed Form II for allotment of a site along with the initial deposit of 12 1/2% of the notified cost of the site. The initial deposit shall be 5% in the case of persons applying for sites under the categories of Scheduled Castes Scheduled Tribes and Backward Tribes. (2) The applications shall be presented in person or sent by registered post so as to reach the office of the Authority before the date and time fixed for the receipt of such applications. Applications received after the date and time fixed or which are defective and incorrect shall be rejected. 1 [(3) In a case where applications have already been made for allotment of sites in response to a Notification already issued by the Authority and where the applications are still pending without a decision as to their disposal and fresh applications have been called for, for allotment of further sites, the applicant who was already applied for allotment of a site and paid the initial deposit in response to the first Notification, need not pay once again the initial deposit. However, he should make application in response to the second Notification in Form- II (A) which is appended to these rules.] 1. Sub-rule (3) inserted by GSR 108, dated 30-4-1987. 7. The reliance placed on by the learned counsel for petitioners to the order dated 10.04.2023 cannot be of any - 5 - NC: 2025:KHC:8633 WP No. 16347 of 2023 avail inasmuch as the learned counsel for respondent-BDA submitted that he would instruct his clients to consider the request of the petitioners therein in accordance with law and in a time bound manner. No positive order is issued either. 8. Needless to mention if the petitioner registers himself and makes an application under the Rules as extracted hereinabove, the respondent-BDA shall thereafter consider the same in accordance with law. With the above observation, writ petition is disposed of. SD/- (M.G.S. KAMAL) JUDGE SBN List No.: 2 Sl No.: 39