- 1 - HC-KAR NC: 2025:KHC:35988 WP No. 23800 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23800 OF 2025 (BDA) BETWEEN: NIZEL BARBOZA AGED ABOUT 47 YEARS, SON OF WILFRED BARBOZA.S, NO.40, 15TH CROSS, BANDAPPA GARDEN, MUTHYALA NAGARA, (NEAR J P PARK), BANGALORE- 560 054. …PETITIONER (BY SRI. B. R. VISWANATH, ADVOCATE) AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, BANGALORE- 560 001 …RESPONDENT (BY SRI. K. KRISHNA, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE BANGALORE DEVELOPMENT AUTHORITY I.E., THE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35988 WP No. 23800 of 2025 RESPONDENT HEREIN, TO IMMEDIATELY ALLOT AN ALTERNATE SITE IN LIEU OF SITE NO.751, 4TH BLOCK, F.E. OF BANASHANKARI VI PHASE, BANGALORE, WHICH WAS ALLOTTED TO THE FATHER OF THE PETITIONER OR PROVIDE AMENITIES TO THE SAID SITE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "(a) directing the Bangalore Development Authority i.e., the Respondent herein, to immediately allot an alternative Site in lieu of Site No.751, 4th 'H' Block, F.E. of Banashankari VI Phase, Bangalore, which was allotted to the father of the Petitioner or provide amenities to the said site. (b) to grant such other and further reliefs as this Hon'ble court deems fit to grant under circumstances of the case in the interest of justice and equity." 2. Heard Sri. B.R. Viswanath, learned counsel appearing for the petitioner, Sri. K. Krishna, learned - 3 - HC-KAR NC: 2025:KHC:35988 WP No. 23800 of 2025 counsel appearing for the respondent and have perused the material on record. 3. The petitioner was issued a letter of allotment on 07.02.2004 and a Sale Deed is executed thereon. Possession Certificate is also handed over to the hands of the petitioner. After receipt of the entire sale consideration, the petitioner comes to know that the site in survey number, which was allotted, was the subject matter of acquisition and therefore, seeks an alternate site in terms of the allotment and the payment that was already made. 4. The petitioner shall therefore submit a representation to the respondent seeking the alternate site that has already sought in the body of the petition, as an averment in the petition. 5. The respondent shall consider the averments made in the petition and pass necessary orders thereon, in - 4 - HC-KAR NC: 2025:KHC:35988 WP No. 23800 of 2025 accordance with law within twelve (12) weeks from the date of receipt of the copy of the order. 6. It is needless to observe that BDA would not drive the petitioner again to the doors of this court seeking the very same relief. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 51