- 1 - NC: 2025:KHC:6719 WP No. 24667 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 24667 OF 2022 (BDA) BETWEEN: SRI. LASKHMINARAYANA S K S/O KRISHNAPPA AGED ABOUT 44 YEARS R/AT NO.28, SOMPURA NEW LAYOUT, VIDYAPEETA POST KENGERI HOBLI BENGALURU-560 060. …PETITIONER (BY SRI. SUNDARESH H C.,ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020. 2. THE ENGINEER MEMBER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020. 3. THE MEMBER SECRETARY TOWN PLANNING AUTHORITY BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020. 4. THE EXECUTIVE ENGINEER SOUTH SUB DIVISION NO.3 BANGALORE DEVELOPMENT AUTHORITY BANASHANKARI, 2ND STAGE BENGALURU-560 070. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6719 WP No. 24667 of 2022 5. THE ASSISTANT EXECUTIVE ENGINEER SOUTH SUB DIVISION, NO.3 BANGALORE DEVELOPMENT AUTHORITY BANASHANKARI, 2ND STAGE BENGALURU-560 070. …RESPONDENTS (BY SRI. K. KRISHNA.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING NO.BDA/AEE-3(S)/T-406/2022-23, DATED 02.11.2022 ISSUED BY THE R5 AS PER ANNEXURE-K, AS HE HAS NO AUTHORITY TO ISSUE NOTICE TO THE PETITIONER. 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 only dispute in this proceedings is with regard to the extent over which the petitioner is constructing the house. Admittedly site bearing No.718, situated at 1st block, Banashankari 6th Stage, Bengaluru, measuring East to West; 12 metres, North to South 9 metres, totally measuring 108 square metres, bounded on, east by; road, west by; Site No.790, north by; BDA property and south by; site No.717/A was allotted by the respondent-BDA in favour of one Vishnuvardhan in terms of letter of allotment dated 10.03.2011 and a deed of sale dated 23.08.2010 as per Annexure-C was executed - 3 - NC: 2025:KHC:6719 WP No. 24667 of 2022 absolutely conveying the said property in his favour. The said Vishnuvardhan had subsequently conveyed the said site in favour of the petitioner herein in terms of deed of sale 09.09.2022 produced at Annexure-A, which also depicts the same dimension and boundaries. 2. The petitioner is before this Court aggrieved by a notice issued by the respondent-BDA as per Annexure-K in terms of which the respondent-BDA has stated that though the site number 718 was allotted to said Vishnuvardhan, the petitioner is now putting up construction on the site bearing Sy.No.717B, which has been allotted to one Raviprasad. 3. Learned counsel for the petitioner submits that the dispute which is involved in this matter is a private dispute and the respondent-BDA has no locus to issue the notice in question. Hence the petition. 4. In response, learned counsel for the respondent-BDA referring to the layout plan annexed to the petition as per Annexure-P, and to site number No.718 which is at the northern extreme corner of the said sketch, submits that the lane in which the subject site is situated consist of sites - 4 - NC: 2025:KHC:6719 WP No. 24667 of 2022 measuring '30X40', whereas site No.718 consists of larger extent. He submits out of the said larger extent, site measuring east to west 12 metres and north to south by 9 meters was allotted to said Vishnuvardhan and that petitioner being the purchasers of said site with said extent, he should restrict his right within the boundaries mentioned in the sale deed. 5. That the southern boundary as mentioned in the sale deeds is site No.717/A, which is wrongly interpreted and being misused by the petitioner to include the area beyond the site No.718. He submits that since the petitioner is putting up construction in excess of his entitlement, encroaching upon the portion of neighbouring site, the impugned notice has been issued by the respondent-BDA in exercise of its power under Rule 11A of the Bangalore Development Authority (Allotment of Sites) Rules, 1984. 7. In reply, learned counsel for the petitioner on instruction submits that the petitioner is constructing the building strictly within the boundaries and dimension mentioned in the deed of sale executed by the respondent-BDA in favour - 5 - NC: 2025:KHC:6719 WP No. 24667 of 2022 of Vishnuvardhan and later the original allottee Vishnuvardhan in favour of petitioner. He submits if measurement is taken by the respondent-BDA, the same would be found within the said bounds. 8. Counsel for the parties after arguing the matter for sometime as above jointly submit that the petition be disposed of directing respondent-BDA to conduct survey/measurement of the site Nos.718 and 717/A. 9. In the aforesaid circumstances, petition is disposed of with the direction to respondent-BDA to conduct the survey/measurement of the site Nos.718 which is in possession of the petitioner as well as site No.717/A which is stated to be on its southern side by taking into consideration the dimension and the boundaries given in the allotment letter dated 10.03.2011 and the deed of sale dated 23.08.2010. The respondent-BDA shall ensure that the construction being carried on by the petitioner is within the measurement, i.e., east to west 12 metres and north to south by 9 meters and within the boundaries mentioned therein. - 6 - NC: 2025:KHC:6719 WP No. 24667 of 2022 9. Such measurements shall be carried out in the presence of the parties. Since the petition is being disposed of in the presence of the learned counsel for the parties, measurement shall be conducted on 08.03.2025, by the Assistant Executive Engineer, at 11.00 A.M. 10. The parties shall be present at the spot along with the documents and render necessary assistance in carrying out the measurement without any further notice. Concerned Assistant Executive Engineer shall ensure notice is issued to Sri. Raviprasad, to whom the site No.717/B is stated to have been allotted. 11. Report of the measurement be given to the petitioner and the allottee of the site No.717/B. Liberty is reserved to the petitioner to seek any further remedy, if required after the measurement as directed above is carried out. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 34