- 1 - HC-KAR NC: 2025:KHC:41421-DB WP No. 14102 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 14102 OF 2025 (GM-RES) BETWEEN: SRI ASHFAQ AHMED S/O LATE ABDUL RASHID. AGED ABOUT 62 YEARS R/O. NO. 79, IV CROSS, BEHIND GOVERNMENT HIGH SCHOOL, CHIKKASANDRA, BANGALORE 560 057 …PETITIONER (BY SRI. ASHFAZ AHMED, PARTY IN PERSON) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, ROOM NO. 320, 3RD FLOOR, VIDHANASOUDHA, BENGALURU-560 001 2. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, ROOM NO.436, VIKASA SOUDHA, BANGALORE - 560 001. 3. THE COMMISSIONER, THE BENGALURU DEVELOPMENT AUTHORITY, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41421-DB WP No. 14102 of 2025 5TH MAIN ROAD, KUMARA PARK WEST, GUTTAHALLI, BENGALURU -560020. 4. THE BBMP COMMISSIONER. BRUHAT BENGALURU MAHANAGARA PALIKE, HEAD OFFICE, HUDSON CIRCLE, BENGALURU-560002 5. THE DIRECTOR, OFFICE OF HEAD OF BRANCH, CENTRAL BUREAU OF INVESTIGATION, NO. 36, BELLARY ROAD, GANGANAGAR, BENGALURU - 560032 6. THE INFORMATION COMMISSIONER, MAHITI SOUDHA, DEVARAJ URS ROAD, OPPOSITE TO VIDHAN SOUDHA, WEST GATE-2, BENGALURU-560001 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1, R2 & R6 SRI. K B MONESH KUMAR, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLE 226 CONSTITUTION OF INDIA PRAYING TO ALLOW THIS PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, ISSUE A WRIT OF CERTIORARI TO THE BANGALORE DEVELOPMENT AUTHORITY QUASHING ALL SITE CANCELLATIONS MADE BY THE BDA FROM THE YEAR 1984 TILL CURRENT DATE, UNDER RULE 10(3), 13(9) AND 13(10) OF BDA ALLOTMENT OF SITES RULES 1984 AND TO RESTORE THE SITES/HOMES OF THE CANCELLED SITES AND THE RESTITUTION FOR THE SAME AS THIS HONOURABLE COURT DEEMS FIT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:41421-DB WP No. 14102 of 2025 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition as a Public Interest Litigation, inter alia, praying that directions be issued to the Bengaluru Development Authority [hereinafter 'BDA'] to quash all orders cancelling the Sites made by the BDA from the year 1984 till the current date and to restore the Sites under Rule 10(3), 13(9) and 13(10) of BDA Allotment of Site Rules, 1984 [hereinafter 'Rules'] and to restore the Sites/Homes of cancelled Sites. The petitioner also claimed that directions be issued to BDA for regularising 10 Sites as specified in the prayer clause (c). Additionally the petitioner seeks that BDA be directed to cancel the allotments of certain Sites allotted to certain other persons mentioned in the petition. 2. It is the petitioner's case that there has been gross violation of principles of natural justice and equality, as Sites allotted to some other persons have been cancelled on account of the said persons having been allotted or holding other property/ies, while no action has been taken against certain similarly placed persons. 3. The petition also indicates that the petitioner seeks to espouse a private cause, as one of the Sites allotted to the - 4 - HC-KAR NC: 2025:KHC:41421-DB WP No. 14102 of 2025 petitioner's mother, has been cancelled. We are unable to accept that any blanket order is required to be passed in the present petition for seeking review of all orders cancelling Sites and allotment of sites or for re-examining the same. However, we note that the petitioner has mentioned certain specific instances, where it is alleged that the allotment has been made contrary to the Rules and to the persons who were already allotted other sites or holding other properties. 4. In this regard, we direct, in the event, the petitioner provides a specific list/instances of allotments to BDA or the concerned Authority, with particulars, as to how the allotment is contrary to Rules, the concerned Authority shall examine the same and take appropriate steps as may be necessary. 5. Petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 3