- 1 - HC-KAR NC: 2025:KHC:22949 WP No. 32764 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 32764 OF 2024 (LB-RES) BETWEEN: SRI. T.J. RAJESH, S/O. JAYAKUMAR, AGED ABOUT 40 YEARS, R/A NO.2444, 5TH B MAIN ROAD, NEAR BRIGHT SCHOOL, YELAHANKA NEW TOWN, BENGALURU - 560 064. …PETITIONER (BY SRI. VARUN R.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF HOUSING, VIDHANA SOUDHA, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. KARNATAKA HOUSING BOARD, CAVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560 009, REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. KENCHE GOWDA H.K, AGA FOR R1; SRI. SHARAN N. MAJAGE, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22949 WP No. 32764 of 2024 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 27.08.2024 AS PER ANNX-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner in the captioned petition is seeking a mandamus against respondent No.2, who has failed to consider the representation dated 27.08.2024 as per Annexure-A. 2. Heard learned counsel for the petitioner, learned AGA and learned counsel for respondent No.2. Perused the record. 3. Facts leading to the case are as under: The petitioner, in response to the notification issued by respondent No.2 concerning allotment of house sites, submitted an application seeking allotment of Flat No.510F5 under the LIG category in the Yelahanka SCR-A - 3 - HC-KAR NC: 2025:KHC:22949 WP No. 32764 of 2024 project. The petitioner contends that respondent No.2 provisionally allotted the said flat under the LIG category by issuance of an allotment letter dated 04.07.2024. Pursuant thereto, the petitioner deposited a sum of Rs.3,60,500/-. Upon receipt of the initial deposit, respondent No.2 issued a provisional allotment letter along with a No Objection Certificate (NOC) to enable the petitioner to avail financial assistance, as evidenced by order dated 09.07.2024. 4. The grievance of the petitioner is that despite fulfillment of the required formalities and deposit of the requisite amount, respondent No.2 has failed to issue the permanent allotment letter. The petitioner claims that a formal requisition was submitted to respondent No.2 on 27.08.2024, but no action has been taken thereafter. Aggrieved by this inaction, the petitioner has approached this Court seeking appropriate relief. - 4 - HC-KAR NC: 2025:KHC:22949 WP No. 32764 of 2024 5. Learned counsel appearing for respondent No.2 has contested the writ petition, contending that Flat No.510F5 was never allotted to the petitioner at any stage and that the petitioner’s claim is untenable. 6. Though respondent No.2 has contested the writ petition by asserting that the subject flat was never allotted to the petitioner, this Court, upon examination of the material placed on record, finds substantial justification in the grievance raised by the petitioner. It is a settled principle of law that when a representation is submitted by a citizen to a statutory authority, the said authority is duty-bound to consider the same and take a decision in accordance with law, particularly when the representation is accompanied by supporting documents establishing a prima facie claim. 7. In the present case, the petitioner has placed on record a copy of the provisional allotment letter dated 09.07.2024, as well as a No Objection Certificate issued by - 5 - HC-KAR NC: 2025:KHC:22949 WP No. 32764 of 2024 respondent No.2 enabling the petitioner to avail financial assistance, which are produced as Annexures-C and D respectively. These documents not only demonstrate that a provisional allotment was made in favour of the petitioner but also indicate that respondent No.2 had acknowledged receipt of a sum of Rs. 3,60,500/- towards the cost of the flat. This factual matrix, in the opinion of the Court, clearly establishes that the petitioner has a legitimate expectation and a legal right arising out of the provisional allotment. 8. The non-consideration of the petitioner’s representation dated 27.08.2024, despite such supporting documentation, reflects administrative indifference on the part of respondent No.2/Board. The documents relied upon by the petitioner, prima facie, indicate that respondent No.2 had taken affirmative steps towards allotment, and hence, it is incumbent upon the said authority to consider the representation in a fair and timely manner. In the considered opinion of this Court, the petitioner has - 6 - HC-KAR NC: 2025:KHC:22949 WP No. 32764 of 2024 successfully made out a case warranting issuance of a writ of mandamus. ORDER i. The writ petition is hereby allowed. ii. Respondent No.2 is directed to consider the petitioner’s representation dated 27.08.2024, as produced at Annexure-A, in accordance with law and pass a reasoned and speaking order. iii. While considering the said representation, respondent No.2 shall duly take into account the contents of the provisional allotment letter dated 09.07.2024 (Annexure-C) and the No Objection Certificate issued for financial assistance (Annexure- D), as well as the receipt of the initial deposit amounting to Rs. 3,60,500/- paid by the petitioner. iv. The said exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order. - 7 - HC-KAR NC: 2025:KHC:22949 WP No. 32764 of 2024 v. It is made clear that this Court has not expressed any opinion on the merits of the claim and the respondent No.2 shall independently consider the petitioner’s case based on the materials available on record. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 6 CT: BHK