Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:48696 WP No. 34345 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34345 OF 2025 (BDA) BETWEEN:
SMT. JAYAMMA, W/O H.N.KENGE GOWDA, AGED ABOUT 72 YEARS, NO.57 D, 3RD CROSS, AVALAHALLI NEW EXTENSION, BYATRAYANAPURA, MYSORE ROAD, BANGALORE-560 026. …PETITIONER (BY SRI. VINOD GOWDA.,ADVOCATE) AND:
BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. …RESPONDENT (BY SRI. N R GIRISH.,ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY ORDER DIRECTING THE RESPONDENT TO ALLOT AS ALTERNATIVE SITE IN ARKAVATHI LAYOUT., AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:48696 WP No. 34345 of 2025
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER Sri. N.R.Girish, learned counsel is directed to take notice for the respondent.
2. Heard the learned counsel for the petitioner and
learned counsel for the respondent.
3. The petitioner had applied for a site pursuant to the advertisement/notification issued by the respondent for sale of sites in Arkavathi Layout under the Economically Weaker Section (for short 'EWS') quota. Site bearing No.408, 19th Block, Arkavathi layout, measuring 6x9 meters (for short 'the schedule property') was allotted to the petitioner and the site consideration was duly deposited. However, the respondent executed a sale deed in respect of the schedule property to one D. Narayanaswamy and others.
4. The petitioner submitted a representation requesting for allotting alternative site in Arkavathi Layout.
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HC-KAR NC: 2025:KHC:48696 WP No. 34345 of 2025
5. The grievance of the petitioner is that, although she was an allottee as far back as 2006 and had deposited the sital value on 16.03.2006 pursuant to the allotment letter dated 30.12.2005, despite of her representation dated 28.05.2024 (Annexure-J) seeking allotment of a site of similar dimension has not been considered by the respondent-authority.
6. Learned counsel for the respondent-BDA submits that the petitioner's representation dated 28.05.2024 (Annexure-J) will be considered in accordance with law, within a time bond manner.
7. In view of the above submission made, the grievance of the petitioner would stand redressed, if necessary direction is issued to the respondent to consider the same and accordingly, this court pass the following:
ORDER i) The writ petition is disposed of.
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HC-KAR NC: 2025:KHC:48696 WP No. 34345 of 2025
ii) The respondent-BDA is directed to consider the petitioner's representation dated 28.05.2024 (Annexure-J), keeping in view the fact that the petitioner was an allottee under an allotment letter dated 30.12.2005 and had deposited the site value on 16.03.2006, and pass appropriate orders in accordance with law, within a period of eight(8) weeks from the date of receipt of a certified copy of this order.
Sd/- ____________________ JUSTICE K.S. HEMALEKHA
PHM List No.: 1 Sl No.: 15