- 1 - NC: 2025:KHC:8678 WP No. 2572 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2572 OF 2024 (BDA) BETWEEN: 1. SRI. SRIDHAR PATLA S/O LATE THIMMAPPA POOJARY, AGED ABOUT 69 YEARS, RESIDING AT NO.5-35, PATLA HOUSE, NEHRUNAGARA, NEAR VIVEKANANDA COLLEGE PUTTUR, KABAKA, NEHRUNAGAR (PUTTUR DK ) DAKSHINA KANNADA - 574 203 …PETITIONER (BY SRI/SMT AKSHATA SHARMA, ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, GUTTAHALLI, BANGALORE- 560020 2. THE JOINT COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, GUTTAHALLI, BANGALORE- 560020 3. THE SECRETARY BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, GUTTAHALLI, BANGALORE- 560 020 Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8678 WP No. 2572 of 2024 4. SRI KARTHIK.D.S S/O SRI SADANANDA GOWDA AGED ABOUT 37 YEARS RESIDING AT NO.15-22-1390/4 'KAMALA'; II CROSS LOWER BENDOOR BANGALORE -575 002 …RESPONDENTS (BY SRI B.VACHAN, ADVOCATGE FOR R1 TO R3; SRI S.RAJASHEKAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO CONSIDER THE NOTICE DTD 01.01.2024 BEARING REFERENCE NO.BEM.A.PRA/AA/UKA.1/2039/2023-24 AS ISSUED BY THE DEPUTY SECRETARY ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court seeking issuance of writ of mandamus directing the respondent-BDA not to consider the Endorsement dated 01.01.2024, issued by the Deputy Secretary, as per Annexure-A and for further direction to execute and register deed of sale in favour of the petitioner in respect of the petition schedule site in terms of letter of allotment dated 17.09.2010 as per Annexure-C in compliance - 3 - NC: 2025:KHC:8678 WP No. 2572 of 2024 with order dated 31.01.2023 passed by the Justice Sri. D.V. Shylendra Kumar Committee as per Annexure-H. 2. Case of the petitioner is that he was allotted a site *bearing No.1597, measuring 12 Mtrs. X *18 Mtrs. situated at II Block, at Sir M.Vishweshwarayya Layout described in the schedule to the petition in terms of letter of allotment dated 17.09.2010. Possession certificate was issued 05.02.2011, khata was also issued 04.06.2013. That on 12.01.2023 petitioner received a notice from Justice Sri. D.V. Shylendra Kumar Committee intimating that on the previous date a person by name Sri. D.S. Karthik Gowda, claiming to be the GPA holder of the petitioner had represented by his counsel before the said Committee, and thereafter by order 31.01.2023 upon the appearance made by the petitioner the Committee held that the petitioner-allottee has eligibility of allotment of site under general category and according recommended the respondent-BDA to confirm the allotment of alternate site and fulfill other formalities. Thereafter the petitioner issued a letter dated 21.02.2022 to respondent No.1 requesting not to consider the request of GPA holder Sri. D.S. Kathik Gowda or to deal/transact with him. Thereafter, a reminder letter dated * Corrected vide Chamber order dated 07.04.2025 - 4 - NC: 2025:KHC:8678 WP No. 2572 of 2024 19.07.2023 was addressed requesting to expedite the process of registration deed of sale and not to entertain any representation by said GPA holder Sri. D.S. Kathik Gowda. Even after the same, the petitioner made further representations on 12.12.2023, 03.01.2024 to various authorities seeking to implement the order of the Justice Sri. D.V. Shylendra Kumar Committee. Yet there has been no action taken. On the other hand, respondent-BDA had issued the impugned notice calling upon the petitioner that since no documents are furnished with regard to cancellation of GPA made in the name of Sri. D.S. Kathik Gowda, the execution of deed of sale would made in the name of petitioner along with the signature of said GPA holder Sri. D.S. Karthik Gowda. 3. Counsel for the respondent -BDA submit given some time and on petitioner satisfying the respondent-BDA regarding the status of GPA in the name of Sri.D.S. Kathik Gowda, case of the petitioner would be considered in accordance with law. 4. Hence, following; - 5 - NC: 2025:KHC:8678 WP No. 2572 of 2024 ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the case of the petitioner after giving him an opportunity of personal hearing and thereafter keeping in mind the order/report of the Justice Sri. D.V. Shylendra Kumar Committee, appropriate orders shall be passed in accordance with law. 3. Such orders shall be passed within an outer limit of four (4) months from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 2 Sl No.: 199