- 1 - HC-KAR NC: 2025:KHC:42924 WP No. 19057 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.19057 OF 2025 (BDA) BETWEEN: SRI H.B. MUNIRAJ S/O. LATE BHUJANGA G.K., AGED ABOUT 36 YEARS, R/AT HOSADODDI VILLAGE, MANCHANAYAKANAHALLI POST, BIDADI HOBLI, RAMANAGARA TALUK, BENGALURU SOUTH DISTRICT-562 109. …PETITIONER (BY SRI BHAT GANAPATHI NARAYANA, ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK (WEST), BENGALURU-560020. 2. SRI VENKATESH S/O. SRI NINGE GOWDA, AGED ABOUT 66 YEARS, R/AT. NO.89, 13TH CROSS, KETHAMARANAHALLI, RAJAJINAGAR, BENGALURU-560010. 3. SMT. S. ARUNA W/O SRI S.S. SURESH CHANDRA AGED ABOUT 54 YEARS, R./AT NO.ALF-7/2, LIG BDA, NANDINI LAYOUT, BENGALURU-560 096. …RESPONDENTS (BY SRI M.V. CHARATI, ADVOCATE FOR R-1; SRI GOPALKRISHNA R. HEGDE, ADVOCATE FOR R-3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42924 WP No. 19057 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO ALLOT THE ALTERNATIVE SITE IN LIEU OF THE SCHEDULE SITE NO.2453, SITUATED AT 6TH BLOCK, SIR. M. VISHWESHWARAIAH LAYOUT, BENGALURU IN FAVOUR OF THE PETITIONER WITHIN TIME FRAME PERIOD BY CANCELLING THE ABOVE SAID SALE DEED IN FAVOUR OF THE PETITIONER IN THE SAME LAYOUT AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking for the following reliefs : “a) Issue a Writ of Mandamus or any appropriate order or direction by directing the respondent No.1 to allot the alternative site in lieu of the schedule Site No.2453, situated at 6th Block, Sir. M.Vishweshwaraiah Layout, Bengaluru in favour of the petitioner within time frame period by cancelling the above said sale deed in favour of the petitioner in the same layout, in the interest of justice and equity. b) Issue a Writ of Mandamus or any appropriate order or direction by Conduct Inquiry as against the officials of the respondent No.1 who are responsible for allotting the Site No.2453 in favour of the - 3 - HC-KAR NC: 2025:KHC:42924 WP No. 19057 of 2025 respondent No.2 in respect of the schedule property even though there is no existence of the schedule site, in the interest of justice and equity. c) Grant such other and further reliefs as this Hon'ble Court deems fit and necessary to be grant under circumstances of the above Writ Petition, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner, learned counsel for respondent No.3 and learned counsel appearing for respondent No.1 - Bangalore Development Authority (‘BDA’ for short). Brief facts 3. Respondent No. 1 allotted site bearing number 2453 situated at Sir M Visweswaraiah Layout in favour of respondent No. 2, by executing a registered sale deed in his favour on 14.10.2004. Possession certificate and Katha certificate were also issued in favour of respondent No. 2. Thereafter, respondent No. 2 executed a registered sale deed in favour of respondent No. 3, who in turn sold the schedule property to the petitioner. The katha was duly - 4 - HC-KAR NC: 2025:KHC:42924 WP No. 19057 of 2025 transferred in petitioner’s name, paid the property tax to the concerned authority in respect of site No. 2453 for the year 2023-2024. 4. The grievance of the petitioner is that while constructing a compound wall around the site, he came to know from the neighbouring owners that site No. 2453 does not actually exist, and the site shown to him on ground corresponds to site No. 2450 as per the BDA approved layout plan. Hence, he seeks direction to respondent No.1 to allot an alternative site in lieu of the non-existent site No. 2453. 5. Upon perusal of the material on record, it is evident that the petitioner has not made any formal representation to respondent No. 1 seeking allotment of alternative site in lieu of site No. 2453. Without such a representation, a writ of mandamus cannot be issued at this stage. Accordingly, this Court deems it appropriate to grant liberty to the petitioner to submit a detailed - 5 - HC-KAR NC: 2025:KHC:42924 WP No. 19057 of 2025 representation to respondent No. 1 – Commissioner, BDA, within a period of two weeks from the date of receipt of the certified copy of this order. If such a representation is submitted, respondent No. 1 shall consider the same in accordance with law on its merits within a period of six weeks thereafter. With the said observation the Writ Petition stands disposed of. Sd/- ______________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 26