- 1 - NC: 2025:KHC:8587 WP No. 23666 of 2024 C/W WP No. 23667 of 2024 WP No. 23683 of 2024 AND 6 OTHERS 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. 23666 OF 2024 (BDA) C/W WRIT PETITION NO. 23667 OF 2024 WRIT PETITION NO. 23683 OF 2024 WRIT PETITION NO. 23686 OF 2024 WRIT PETITION NO. 23688 OF 2024 WRIT PETITION NO. 23691 OF 2024 WRIT PETITION NO. 23701 OF 2024 WRIT PETITION NO. 23712 OF 2024 WRIT PETITION NO. 23715 OF 2024 IN WP No. 23666/2024 BETWEEN: SMT. SHASHIKALA W/O SALLAPURI, AGED ABOUT 43 YEARS, RESIDING AT NO. 149 12TH CROSS, NAYANADAHALLI, MYSORE ROAD, BENGALURU-560 039 …PETITIONER (BY SRI. RAJENDRA PRASAD B., ADVOCATE) AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T.CHOWDAIAH ROAD, BENGALURU-560 020 …RESPONDENT (BY SRI.B.VACHAN AND SRI.AJAY KUMAR, ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8587 WP No. 23666 of 2024 C/W WP No. 23667 of 2024 WP No. 23683 of 2024 AND 6 OTHERS IMPUGNED ORDER PASSED BY THE RESPONDENT BEARING NO. BDA/COMMISSIONER/S.M.V.L/3253/2024-25 BENGALURU DATED: 13.08.2024 PRODUCED AS ANNEXURE-A. IN WP NO. 23667/2024 BETWEEN: SMT. JAGADAMBA W/O RAMACHANDRAIAH AGED ABOUT 65 YEARS RESIDING AT NO. 42 3RD MAIN, BYATARAYANAPURA MYSORE ROAD BENGALIRU-560 026 ...PETITIONER (BY SRI. RAJENDRA PRASAD B., ADVOCATE) AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T. CHOWDAIAH ROAD BENGALURU-560 020 ...RESPONDENT (BY SRI. B VACHAN, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT BEARING NO. BDA/COMMISSIONER/S.M.V.L/3253/ 2024-25 BENGALURU DATED:13.08.2024 PRODUCED AS ANNEXURE-A. IN WP NO. 23683/2024 BETWEEN: SRI SHASHIKUMAR S.N., S/O NAGARAJU, AGED ABOUT 34 YEARS, RESIDING AT NO.17, KALIKANAGAR, BENGALURU -560 091 ...PETITIONER (BY SRI. RAJENDRA PRASAD B., ADVOCATE) - 3 - NC: 2025:KHC:8587 WP No. 23666 of 2024 C/W WP No. 23667 of 2024 WP No. 23683 of 2024 AND 6 OTHERS AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T.CHOWDAIAH ROAD, BENGALURU- 560 020 ...RESPONDENT (BY SRI. AJAYKUMAR M., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT BEARING NO. BDA/COMMISSIONER/S.M.V.L/3253/2024-25, BENGALURU DATED:13.08.2024 PRODUCED AS ANNEXURE-A IN SO FAR THE PETITIONER CONCERNED. IN WP NO. 23686/2024 BETWEEN: SMT. SHOBHA W/O LOKESH H.S., AGED ABOUT 49 YEARS, RESIDING AT NO.150/6, SUBBAMMA CIRCLE, SHAMANNA BUILDING, J.P. NAGAR 1ST STAGE, BENGALURU- 560 076 ...PETITIONER (BY SRI. RAJENDRA PRASAD B., ADVOCATE) AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T CHOWDAIAH ROAD, BENGALURU- 560 020 ...RESPONDENT (BY SRI. B VACHAN AND SRI.AJAY KUMAR M., ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT BEARING NO. - 4 - NC: 2025:KHC:8587 WP No. 23666 of 2024 C/W WP No. 23667 of 2024 WP No. 23683 of 2024 AND 6 OTHERS BDA/COMMISSIONER/S.M.V.L/3253/2024-25, BENGALURU DATED:13.08.2024 PRODUCED AS ANNEXURE-A. IN WP NO. 23688/2024 BETWEEN: SRI. SHIVARAPAKSH K.N., S/O NAGARAJU K.M. AGED ABOUT 39 YEARS RESIDING AT NO. 05 10TH B CROSS AGRAHARA DASARAHALLI, BENGALURU -560 079 ...PETITIONER (BY SRI. RAJENDRA PRASAD B., ADVOCATE) AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T CHOWDAIAH ROAD, BENGALURU- 560 020 ...RESPONDENT (BY SRI. B VACHAN AND SRI.AJAYKUMAR , ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT BEARING NO. BDA/COMMISSIONER/S.M.V.L/3248/2024-25 BENGALURU DATED:13.08.2024 PRODUCED AS ANNEXURE-A. IN WP NO. 23691/2024 BETWEEN: SMT. BHARATHI W/O SUBRAMANYA AGED ABOUT 49 YEARS, RESIDING AT NO 61, 3RD CROSS, CORPORATION QUARTERS, BENGALURU -560 019 ...PETITIONER (BY SRI. RAJENDRA PRASAD B., ADVOCATE) - 5 - NC: 2025:KHC:8587 WP No. 23666 of 2024 C/W WP No. 23667 of 2024 WP No. 23683 of 2024 AND 6 OTHERS AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T CHOWDAIAH ROAD, BENGALURU 560020 ...RESPONDENT (BY SRI.B.VACHAN AND SRI.AJAYKUMAR M., ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT BEARING NO. BDA/COMMISSIONER/S.M.V.L/3253/2024-25 BENGALURU DATED:13.08.2024 PRODUCED AS ANNEXURE-A. IN WP NO. 23701/2024 BETWEEN: SMT. SHAILASHREE G., W/O S.YATHEESH KUMAR AGED ABOUT 44 YEARS RESIDING AT NO.201 73RD CROSS, BEHIND KUMARASWAMY LAYOUT POLICE STATION BENGALURU- 560 078 ...PETITIONER (BY SRI. RAJENDRA PRASAD B., ADVOCATE) AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST T CHOWDAIAH ROAD BENGALURU -560 020 ...RESPONDENT (BY SRI. AJAYKUMAR M., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT BEARING NO. BDA/COMMISSIONER/S.M.V.L/3253/2024-25, BENGALURU DATED:13.08.2024 PRODUCED AS ANNEXURE-A. - 6 - NC: 2025:KHC:8587 WP No. 23666 of 2024 C/W WP No. 23667 of 2024 WP No. 23683 of 2024 AND 6 OTHERS IN WP NO. 23712/2024 BETWEEN: SMT. V.PARVATHI W/O P.VENKATAPPA, AGED ABOUT 51 YEARS, RESIDING AT NO 198, THODADA RASTHE NAYANDAHALLI, MYSORE ROAD, BENGALURU -560 039 ...PETITIONER (BY SRI. RAJENDRA PRASAD B., ADVOCATE) AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T.CHOWDAIAH ROAD, BENGALURU -560 020 ...RESPONDENT (BY SRI. AJAYKUMAR M., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT BEARING NO. BDA/COMMISSIONER/S.M.V.L/3253/2024-25 BENGALURU DATED:13.08.2024 PRODUCED AS ANNEXURE-A. IN SO FAR AS THE PETITIONER CONCERNED. IN WP NO. 23715/2024 BETWEEN: SMT. SHILPA SHIVAKUMAR W/O SHIVAKUMAR, AGED ABOUT 37 YEARS, RESIDING AT NO 02, 2ND CROSS, TENT MAIN ROAD, SANJEEVININAGARA, MOODALAPALYA, BANGALORE NORTH, NAGARABHAVI, BENGALURU -560 072 - 7 - NC: 2025:KHC:8587 WP No. 23666 of 2024 C/W WP No. 23667 of 2024 WP No. 23683 of 2024 AND 6 OTHERS ...PETITIONER (BY SRI. RAJENDRA PRASAD B., ADVOCATE) AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T.CHOWDAIAH ROAD, BENGALURU- 560 020 ...RESPONDENT (BY SRI. AJAYKUMAR M.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT BEARING NO. BDA/COMMISSIONER/S.M.V.L/3253/2024-25 BENGALURU DATED:13.08.2024 PRODUCED AS ANNEXURE-A. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL COMMON ORDER The petitioners are before this Court claiming that they are displaced residents of lands in Sy.Nos.89, 90 and 91 of Hoskerehalli Village, Banashankari III Stage, which was utilised for the purpose of formation of a layout during the year 2010- 11. The petitioners formed themselves into an association known and called as “Shri Cheluvarayaswamy Dalitha matthu Hindulida Vargadavara Kshemabhivruddi Sangha”. That they had filed several representations seeking allotment of alternate site to the respondents. As there was no response, the - 8 - NC: 2025:KHC:8587 WP No. 23666 of 2024 C/W WP No. 23667 of 2024 WP No. 23683 of 2024 AND 6 OTHERS association had approached this Court on an earlier occasion filing writ petition in WP.No.6152/2014 which was disposed of by order dated 02.06.2014 directing the State Government to consider their representations. Pursuant to thereof, it appears that the respondent-BDA allotted the sites to the petitioner that were earmarked to be allotted to the persons belonging to the weaker section, as they are the members of the petitioner- Sangha. It appears that the petitioners were allotted the sites vide allotment letters dated 14.09.2017 and 23.03.2018, and the petitioners had indeed made the payment of the cost of the site as called upon by the respondent-BDA. Despite payment of cost, respondent-BDA did not execute the deeds of sale, constraining the petitioners to file writ petitions which were allotted directing the respondent-BDA to consider the representations of the petitioners. Yet there was no response. 2. That when things stood thus, the respondent-BDA has issued order dated 13.08.2024 unilaterally canceling the allotment made in favour of the petitioners, on the premise out of the persons who were residing in the lands in Sy.Nos.89, 90 and 91 of Hoskerehalli Village, Banashankari III Stage, only 243 members were entitled for the allotment of sites and that - 9 - NC: 2025:KHC:8587 WP No. 23666 of 2024 C/W WP No. 23667 of 2024 WP No. 23683 of 2024 AND 6 OTHERS the petitioners not being such members were entitled for allotment and the allotment so made was not in order. Accordingly, allotment of sites made in favour of the petitioners were withdrawn and were called upon to receive the amount paid by them, it is this order which is challenged in this petitions. 3. Learned counsel of the petitioner reiterating the averments made in the writ petition and the grounds urged therein vehemently submits that the said order has been passed without even giving an opportunity to the petitioners of being heard. He further submits that the petitioners are genuine members of the Sangha and that the persons without being members of the Sangha have been allotted sites without even conducting a proper enquiry the respondent-BDA has taken unilateral action in canceling the sites which had been allotted in favour of the petitioners. Hence, the present petition is filed. 4. Learned counsel for the respondent-BDA on the other hand submits that as per the records made available only 243 members were entitled for allotment of alternate site and who - 10 - NC: 2025:KHC:8587 WP No. 23666 of 2024 C/W WP No. 23667 of 2024 WP No. 23683 of 2024 AND 6 OTHERS have been allotted the site accordingly. The petitioners not being the members were not entitled to the allotment. However, since allotments were made in their favour though they were not entitled to the same were cancelled by the impugned orders. However, he submits that given sometime enquiry will be conducted with regard to claim of the petitioners. 5. Heard. Perused the records. 6. It appears there are claims and counter claims made by certain members of the “Shri Cheluvarayaswamy Dalitha matthu Hindulida Vargadavara Kshemabhivruddi Sangha”. The facts remains that the respondent-BDA has proceeded to pass the impugned orders, canceling the allotments of sites that were made in the favour of the petitioners who had admittedly made the payment of cost of sites without even hearing them. Least the respondent-BDA was expected in the matter was to have issued notices to the petitioners calling upon them to justify their claims which is admittedly not been done in the instant case. That alone is sufficient to quash the impugned order, as the same is in violation of principles of natural justice. - 11 - NC: 2025:KHC:8587 WP No. 23666 of 2024 C/W WP No. 23667 of 2024 WP No. 23683 of 2024 AND 6 OTHERS 7. Accordingly, following: ORDER (i). The impugned orders dated 13.08.2024 are quashed. (ii). The matter is remitted to the respondent- BDA. The petitioners are at liberty to submit their fresh representations along with requisites documents which shall be considered by the respondent-BDA. (iii). The respondent-BDA shall also give notice to the other members of the aforesaid Sangha who have already been allotted sites as noted in the impugned orders. (iv). After holding a thorough enquiry, reconsider the allotment in the order of seniority of the members subject to members satisfying the requirement of they being the genuine members of the “Shri Cheluvarayaswamy Dalitha matthu Hindulida - 12 - NC: 2025:KHC:8587 WP No. 23666 of 2024 C/W WP No. 23667 of 2024 WP No. 23683 of 2024 AND 6 OTHERS Vargadavara Kshemabhivruddi Sangha” in accordance with law. (v). The interim order granted earlier shall continue untill consideration and determination of the issue by the respondent-BDA as directed hereinabove. Such exercise shall be undertaken and completed within a period of six months from the date of receipt of certified copy of this order. (vi). With the above observation, the writ petitions are allowed and remanded back to respondent-BDA. (vii). All the legal contentions are kept open. Sd/- (M.G.S. KAMAL) JUDGE TS List No.: 2 Sl No.: 27