- 1 - NC: 2025:KHC:8634 WP No. 26186 of 2022 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. 26186 OF 2022 (BDA) BETWEEN: 1. K C SAMPATH S/O CHINNAKULANDAI AGED ABOUT 61 YEARS, NO.164, ITC COLONY 7TH CROSS, COX TOWN, JEEVANAHALLI BENGALURU KARNATAKA-600 005. 2. MOORTHY R S/O RAJU AGED ABOUT 61 YEARS, R/AT NO.148, 3RD MAIN, 3RD CROSS, LAKKUR LAYOUT BENGALURU NORTH KARNATAKA-600 064. 3. JAMES BOND S/O LOURDUNATHAN AGED ABOUT 51 YEARS, NO.41, OLD 289 NEW 3RD MAIN, 3RD CROSS, JANATHA COLONY DODDA BANASWADY BENGALURU KARNATAKA-560 037. 4. ANTHONY DASS S S/O B SAVARI MUTHU AGED ABOUT 72 YEARS, NO.41 (OLD 289) A K COLONY 3RD CROSS, DODDA BANASWADY BENGALURU KARNATAKA-560 043. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8634 WP No. 26186 of 2022 5. S KARUNAKARAN S/O K KUPPU SWAMY AGED ABOUT 51 YEARS, NO.149, KSFC LAYOUT, NEAR KSFC OIL MILL ROAD LINGARAJAPURAM BENGALURU KARNATAKA-560 084. 6. J DOMINIC S/O JACOB AGED ABOUT 51 YEARS NO.215, ST MARYS STREET (OPP) SATHYA NAGAR, M S NAGAR POST BENGALURU KARNATAKA-560 033. 7. PAUL EBINEZER S/O PRAGASAM AGED ABOUT 61 YEARS NO.3C-304, 3RD C MAIN, OMBR LAYOUT, BANASWADY BENGALURU, KARNATAKA-560 043. 8. S DEENADAYALAN S/O LATE S K SHANKARAN AGED ABOUT 72 YEARS NO.332 2CM OMBR LAYOUT, CHIKKA BANASWADY, BENGALURU KARNATAKA-560 043. 9. H N ONKARAMURTHY S/O LATE NIRVANAPPA AGED ABOUT 49 YEARS, R/AT 03 KANAKAPPA LAYOUT 4TH CROSS, JAIN TEMPLE ROAD, VIRGONAGAR POST, MEDAHALLI BENGALURU, KARNATAKA-560 049. 10. S LOURDU S/O SAMSON AGED ABOUT 56 YEARS NO.215, ST MARYS STREET - 3 - NC: 2025:KHC:8634 WP No. 26186 of 2022 SATHYA NAGAR M S NAGAR POST BENGALURU KARNATAKA-560 033. 11. SHANTHA KUMAR C S/O P CHELLAN AGED ABOUT 49 YEARS, NO.66, 2ND STREET, A CROSS, T C PALYA MAIN ROAD, S T HALLI ANANDAPURA K R PURAM, BENGALURU KARNATAKA-560 036. 12. M RAMAN S/O MUNISWAMY AGED ABOUT 67 YEARS, NO.63, H M ROAD, HENNUR CROSS MURAPPA LAYOUT NEAR GANESH TEMPLE STREET, BENGALURU NORTH, KALYANAGAR, BENGALURU KARNATAKA-560 043 …PETITIONERS (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: 1. THE SECRETARY URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560 001. 2. THE COMMISSIONER BDA SANKEY ROAD BENGALURU-560 001. …RESPONDENTS (BY SRI. HANUMATHARAYA LAGALI., AGA FOR R1; SRI. K. KRISHNA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - 4 - NC: 2025:KHC:8634 WP No. 26186 of 2022 DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 15.06.2022 AND 16.06.2022 VIDE ANNEXURE B, B1, B2, B3, B4, B5, B6, B7, B8, B9, B10, B11, B12 FILED BY THE PETITIONERS FOR ALLOTMENT OF SITE TO THE RESPECTIVE PETITIONERS IN ANY LAYOUT DEVELOPED BY THE AUTHORITY UNDER THE RULES. 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 Petitioners are Ex.Servicemen who have made representations on 15.06.2022 and 16.06.2022 for allotment of sites which has not been considered by the respondent-BDA. Hence, the petition. 2. Learned counsel for the petitioners 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 petitioners are also similarly placed and directions as issued in the said order be issued to the respondent-BDA in this petition as well. 3. Sri.Krishna, learned counsel for respondent-BDA referring to Rule 5 of Bangalore Development Authority - 5 - NC: 2025:KHC:8634 WP No. 26186 of 2022 (Allotment of sites) Rules, 1984 submits that the person claiming benefit of Ex-servicemen 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 petitioners. Hence, seeks for dismissal of the petition. 4. Heard. Perused the records. 5. Though petitioners claim to be the persons entitled for benefit under the category of ex-servicemen, admittedly petitioners have not registered themselves 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 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 - 6 - NC: 2025:KHC:8634 WP No. 26186 of 2022 (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 avail inasmuch as the learned counsel for respondent-BDA submitted that he would instruct his clients to consider the - 7 - NC: 2025:KHC:8634 WP No. 26186 of 2022 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 petitioners register themselves 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.: 37