- 1 - NC: 2025:KHC:8739 WP No. 29140 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 29140 OF 2023 (LA-BDA) BETWEEN: MRS LISSY GILBERT W/O MR. PATRICK GILBERT, AGED ABOUT 52 YEARS, R/AT NO.20, 4TH MAIN, 8TH CROSS, SIR M.V. NAGARA, RAMAMURTHY NAGARA, BENGALURU-560 016 …PETITIONER (BY SRI. SANGAMESHA B, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, K.P. WEST, BANGALORE-560 020 3. THE DEPUTY COMMISSIONER LAND ACQUISITION, B.D.A, K P WEST, BANGALORE-560 020 …RESPONDENTS (BY SMT. HANUMANTHARAYA LAGALI, AGA FOR R1; SRI. MURUGESH V. CHARATI, ADVOCATE FOR R2 AND R3) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8739 WP No. 29140 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO ALLOT AN ALTERNATIVE SITE IN ARKAVATHI LAYOUT AND EXECUTE THE SALE DEED IN FAVOUR OF THE PETITIONER IN LIEU OF HER SITE ACQUIRED BY THE 2ND RESPONDENT WITHOUT PAYING THE COMPENSATION TO THE PETITIONER AND ETC. 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 owner of a site bearing No.3, Katha No.315, Assessment No.85/1-A, 85/1-B and 85/1-C, Panchayat Khatha No.593 situated at Thanisandra Village, K.R.Puram Hobli, Bangalore South Taluk, having acquired the same in terms of registered deed of gift dated 30.01.2001, executed by her husband is before this Court seeking writ of mandamus directing the respondent No.2 to allot alternate site in Arkavathi Layout and execute deed of sale in her favour. It is contended that land in Sy.No.85/1A measuring 15 guntas of Thanisandra, K.R.Puram Hobli, Bangalore South Taluk, of which aforesaid site formed part of was acquired for the purpose of formation of Arkavathi Layout. The said land stood in the name - 3 - NC: 2025:KHC:8739 WP No. 29140 of 2023 of Doddamuniswamappa who had executed sale deed in favour of one Sri.K.M.Noor Ahmed on 21.11.1991. Said Sri.K.M.Noor Ahmed in turn had executed General Power of Attorney in favour of Sri.Patrick Gilbert, husband of the petitioner. Thus the said Sri.Patrick Gilbert had executed deed of gift in favour of the petitioner. Consequently she is entitled for appropriate relief including allotment of alternate site. That the petitioner had given representation to the respondent-BDA as per Annexure-J on 03.11.2023 and since same has not been considered, petitioner is before this Court. 2. Learned counsel for respondent-BDA on instruction submits given sometime appropriate order in accordance with law will be passed if she is found eligible for such consideration. Accordingly, following: ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the representation of the petitioner dated 03.11.2023 as per Annexure-J and after giving an opportunity of - 4 - NC: 2025:KHC:8739 WP No. 29140 of 2023 personal hearing to the petitioner and thereafter if the petitioner is found eligible appropriate orders shall be passed in accordance with law. 3. Such orders shall be passed within an outer limit of four (4) months from the date of receipt of certified copy of this order. SD/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 18