- 1 - NC: 2025:KHC:8699 WP No. 35455 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. 35455 OF 2024 (LA-BDA) BETWEEN: SRI B PRASANNAIAH S/O LATE BRAHMASURAIAH, AGED ABOUT 75 YEARS, RESIDING AT NO.291, 2ND MAIN, 3RD PHASE, J.P.NAGAR, BENGALURU-560 078, (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) REPRESENTED BY HIS GPA HOLDER SRI. ATUL KUMAR. K.N, S/O LATE K.N.BANGERA AGED ABOUT 57 YEARS, PRESENTLY RESIDING AT NO.26/3, 4TH CROSS, K.V.LAYOUT, 4TH BLOCK, JAYANAGAR, 2ND FLOOR, BENGALURU-560 011. …PETITIONER (BY SRI. CHANDRACHUD A.,ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560020. Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8699 WP No. 35455 of 2024 2. THE SECRETARY BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560020. 3. THE DEPUTY SECRETARY-1, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560020. 4. THE EXECUTIVE ENGINEER, EAST DIVISION, BENGALURU DEVELOPMENT AUTHORITY, HSR LAYOUT, BDA COMPLEX, BENGALURU-560 102. 5. THE ASSISTANT EXECUTIVE ENGINEER, NO.3, EAST SUB-DIVISION, BENGALURU DEVELOPMENT AUTHORITY, HSR LAYOUT, BDA COMPLEX, BENGALURU-560 102. …RESPONDENTS (BY SRI.K. KRISHNA .,ADVOCATE FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO RESPONDENTS TO CONSIDER THE REPRESENTATION DTD 18.12.2024 AS PER ANNEXURE-N. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 3 - NC: 2025:KHC:8699 WP No. 35455 of 2024 ORAL ORDER Petitioner is before this Court seeking issue of writ of mandamus to consider the representation dated 18.12.2024 as per Annexure-N for allotment of alternate land. 2. Case of the petitioner is that the petitioner and others were allotted with the property by the respondent-BDA measuring an extent of 0-08.70 guntas of land in Sy.Nos.18/5, 19/5, 19/6A, 19/6B, 19/7 and 19/8 situated at Roopena Agrahara Village, Bengaluru South Taluk in lieu of alternative property allotment in terms of allotment letter dated 17.05.2014 produced at Annexure-B. Pursuant to the same, the respondent-BDA executed and registered deed of sale on 04.05.2016. Possession of the property was delivered as per possession certificated dated 06.05.2016, Khata in respect of the aforesaid properties were registered in the name of the petitioner in the records maintained by the BBMP. However, after the Covid-19 pandemic, when the petitioner visited the property, to his shock he learnt that the same was occupied by the third party on verification, it was learnt that the same had been allotted in favour of the said third party by the respondent-BDA who had even executed deed of sale dated - 4 - NC: 2025:KHC:8699 WP No. 35455 of 2024 03.03.2020 in favour of the said third party. Consequently, the petitioner approached the respondent-BDA and sought for alternate land inasmuch as his property has been illegally allotted by the respondent-BDA in favour of the third party. Petitioner made representation to the respondent-BDA and followed up with the matter, however no action has been taken to redress the grievance of the petitioner. Hence, the petition seeking the above relief. 3. Counsel for the respondent -BDA submit given some time, case of the petitioner would be considered in accordance with law. 4. Hence, following; ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the representation dated 18.12.2024 as per Annexure- N of the petition and after giving an opportunity of personal hearing to the petitioner and thereafter if the petitioner is found eligible appropriate orders shall be passed in accordance with law. - 5 - NC: 2025:KHC:8699 WP No. 35455 of 2024 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.: 68