- 1 - HC-KAR NC: 2025:KHC:49580 WP No. 3789 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.3789 OF 2021 (BDA) BETWEEN: 1. SRI N. PRAVEEN KUMAR AGED ABOUT 26 YEARS, S/O. A. NARAYANA, 2. SMT. P. VEENA AGED ABOUT 21 YEARS, W/O. N. PRAVEEN KUMAR, BOTH ARE RESIDING AT NO.2, “VENKATESHWARA NILAYA”, KOWDENAHALLI, 9TH CROSS, 2ND BLOCK, AKSHAYANAGAR, R.M. NAGAR, BENGALURU-560 016. …PETITIONERS (BY SRI SHESHADRI N.S., ADVOCATE) AND: 1. BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARAPARK WEST, BENGALURU-560 020, REP. BY ITS COMMISSIONER. 2. THE ASSISTANT EXECUTIVE ENGINEER NO.6, NORTH DIVISION, BDA COMMERCIAL COMPLEX, R.T. NAGAR, BENGALURU DEVELOPMENT AUTHORITY, BENGALURU-37. …RESPONDENTS (BY SRI MURUGESH V. CHARATI, ADVOCATE FOR R-1 & R-2) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49580 WP No. 3789 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 06.02.2021 BY RESPONDENT NO.2 AS PER ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners have approached this Court calling in question the impugned notice dated 06.02.2021 issued by respondent No.2-BDA, whereby they were directed to stop the construction put up in Site No.1866/A, HBR layout, on the ground that the said site was irregularly allotted and that the same being a corner site, was liable to be put to public auction. Brief facts: 2. The petitioners claim title under a registered sale deed dated 07.03.2019 executed in their favour by their vendor Sri G. Raghavendra, who had acquired the schedule site under an absolute sale deed dated 05.02.2019 executed by the BDA. The vendor had paid the entire title amount of `13,11,750/-, obtained possession - 3 - HC-KAR NC: 2025:KHC:49580 WP No. 3789 of 2021 certificate and secured the BBMP katha. The petitioners upon purchase, secured BBMP sanctioned building plan, building license, BWSSB water connection, Electricity connection and commenced construction of a residential building by availing a housing loan. While the construction was nearing completion, respondent No.2 issued the impugned notice dated 06.02.2021 directing stoppage of the work on the premise that: i. Site No.1866 was irregularly allotted as Site No.1866/A based on a report submitted by the Police Superintendent, BDA and ii. The site is a corner site which according to the BDA, ought to be re-auctioned. 3. Heard the learned counsel for the petitioners and learned counsel for the respondents. 4. Learned counsel for the petitioners submits that the impugned notice is arbitrary and violative of principles of natural justice, neither the petitioners nor their vendor - 4 - HC-KAR NC: 2025:KHC:49580 WP No. 3789 of 2021 were heard prior to the issuance of notice. It is contended that Site No.1866/A and 1866 are two distinct sites, as confirmed in the measurement report relied upon by the respondents themselves and hence, the allegation of irregular allotment is wholly baseless. It is submitted that the BDA, having accepted the entire sital amount and executed registered absolute sale deed, is estopped from contending that the allotment was irregular. It is contended that the site is not a corner site, as is evident from the boundaries in the allotment letter, possession certificate, measurement report and the sale deed and that the impugned notice seeks to indirectly annul a valid sale deed and reclaim possession without authority of law. 5. Per contra, learned counsel for the respondents submits that Site No.1866/A was irregularly created, allotted and the original designated site was Site No.1866. It is contended that the schedule property forms part of a corner site and under the prevailing BDA Regulations, corner sites are not eligible by direct allotment but only by - 5 - HC-KAR NC: 2025:KHC:49580 WP No. 3789 of 2021 an auction. It is contended that the report of the Police Superintendent, BDA reveals that the petitioners’ vendor was allotted a site that was not available in the approved layout and that an internal verification revealed discrepancy in recreation and allotment of Site No.1866/A. It is contended that the notice dated 06.02.2021 was issued as part of such corrective action to examine the legality of the allotment and prevent further unauthorized construction. It is contended that the notice is only a preliminary step and not a final action being taken and the petitioners were merely called upon not to continue construction pending verification of title, which is within the statutory powers of the BDA. 6. This Court has carefully considered the contentions urged and perused the material on record. 7. This Court is of the considered view that the petitioners have acquired the scheduled property under a valid and subsisting registered sale deed. The challenge - 6 - HC-KAR NC: 2025:KHC:49580 WP No. 3789 of 2021 raised in the impugned notice regarding irregular allotment of a corner site are the matters that require the petitioners’ explanation and proper consideration by the Competent Authority. However, such action cannot be taken without affording due opportunity to the petitioners, particularly when substantial construction has already been complete based on the sanctioned plan issued by the statutory authority. Therefore, while this Court refrains from expressing any opinion on the merits of the allegations in the notice, it deems it appropriate to dispose of the writ petition by reserving liberty to the petitioners to submit their reply and by directing the authority to consider the same in accordance with law. Accordingly this Court pass the following: ORDER i. The writ petition is disposed of. ii. The impugned notice dated 06.02.2021 is to be treated as a show-cause notice. - 7 - HC-KAR NC: 2025:KHC:49580 WP No. 3789 of 2021 iii. Liberty is reserved to the petitioners to submit their reply to the impugned notice (Annexure-A) dated 06.02.2021 within two weeks from the date of receipt of the certified copy of this order. iv. Upon submission of such reply, the respondents- authority shall consider the same and pass appropriate orders, after providing sufficient opportunity of hearing to the petitioners, strictly in accordance with law. v. The entire exercise shall be completed within eight weeks thereafter. vi. It is further directed that until such consideration is completed, the respondents shall not dispossess the petitioners from the schedule property, if they have not already been dispossessed. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 2