- 1 - NC: 2025:KHC:8880 WP No. 22745 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 22745 OF 2021 (BDA) BETWEEN: 1. GANESH SIDDAPPA S/O SRI N. SIDDAPPA AGED ABOUT 54 YEARS 2. PRATHEEK G., S/O GANESH SIDDAPPA AGED ABOUT 25 YEARS BOTH ARE R/O NO. 1018 (GF) SIR M V LAYOUT, 1ST BLOCK KENGERI SATELLITE TOWN BENGALURU - 560 060. …PETITIONERS (BY SRI. GANESH BHAT Y H.,ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU - 560 020. 2. FINANCE MEMBER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU - 560 020 …RESPONDENTS (BY SRI. K. KRISHNA.,ADVOCATE FOR R1 AND R2) Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8880 WP No. 22745 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSITUTION OF INDIA PRAYING TO QUASH ORDER DATED 17.08.2021 AT ANNEXURE-G ISSUED BY THE R2 DIRECT THE RESPONDENTS TO ACCEPT THE BALANCE SALE CONSIDERATION OF RS.46,79,960/- WITH APPLICABLE INTEREST FROM THE PETITIONERS AND FURTHER TO EXECUTE SALE DEED IN RESPECT OF THE SCHEDULE PROPERTY IN FAVOUR OF THE PETITIONERS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners had participated in e-auction that was conducted on 04.09.2020 and were successful bidders in respect of a site bearing No.1413 measuring 216 square meters situated at Sir. M.Vishweshwaraiah 1st Block Layout, Kengeri Satellite Town, Bengaluru. That they had deposited 25% of the initial deposit in a sum of Rs.28,93,320/- as against the total cost of the site being Rs.1,57,73,280/-. That the auction process and the payment was required to be made as per schedule. However, the petitioner was unable to meet the time line in view of the impending Covid-19 Pandemic. Despite the same petitioner had indeed made further payment of Rs.40 lakhs on 13.07.2021. However, the respondent-BDA without - 3 - NC: 2025:KHC:8880 WP No. 22745 of 2021 considering the circumstances under which the petitioner had participated the auction and made the payment, cancelled the allotment, forfeited the amount of 25% deposited and has called upon the petitioner to take back Rs.40 lakhs. Aggrieved by the same, petitioner is before this Court. 2. Counsel for the respondent-BDA taking this Court through the dates and events submits that as per the Rules providing for the auctioning of the sites and payment of the money the Petitioner was required to make the payment within 210 days including the extended period and the petitioner till date has not paid the entire amount except depositing 25% and thereafter voluntary deposit of Rs.40 lakhs. He submits since the auction is cancelled petitioner is at liberty to participate as and when the subject site is put to auction by the respondent- BDA. Hence, seeks for dismissal of the petition. 3. Heard and perused the records. 4. There is no denial that the entire auction process , payment details and the schedule of payment as required to be made fall within the period when there was Covid-19 Pandemic. - 4 - NC: 2025:KHC:8880 WP No. 22745 of 2021 Counsel for the petitioner had drawn attention of this Court to the efforts made by the petitioner to generate the funds by selling their other property. It is submitted that persons who had agreed to purchase the property also became victims of Covid-19 Pandemic. As such the sale could not take place enabling the petitioner to generate the funds to make the payment. He submits under these special and peculiar circumstance of the matter respondent-BDA be directed to reconsider the case of the petitioner in accordance with law. 5. Considering that the aforesaid undisputed facts situation of the matter, this Court is of the view that the petitioner deserves an opportunity of being heard by the respondent-authorities before cancelling the allotment which though already has been done. Therefore, the petition is disposed of with a direction to the petitioner to file a fresh representation setting forth the reasons for his inability to make payment in time within a period of 30 days from the date of receipt of certified copy of this order. The respondent-BDA shall reconsider the same and if the reasons assigned by the petitioner found to be acceptable the same may be considered - 5 - NC: 2025:KHC:8880 WP No. 22745 of 2021 in accordance with law within an outer limit of 8 weeks thereafter. Till consideration of such representation the cancellation made is kept in abeyance. Sd/- (M.G.S. KAMAL) JUDGE RU List No.: 2 Sl No.: 18