- 1 - NC: 2025:KHC:8713 WP No. 12241 of 2021 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.12241 OF 2021 (BDA) BETWEEN: 1. SMT PUSHPA H S W/O BYRA REDDY S AGED 33 YEARS 2. SRI BYRA REDDY S S/O SUBBIREDDY AGED 37 YEARS PETITIONERS NO.1 & 2 ARE RESIDING AT NO.725/1, 6TH MAIN, SHANKARNAG ROAD, VIRAT NAGAR BOMMANAHALLI, BANGALORE - 560 068 …PETITIONERS (BY SRI. DEVENDRA N, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BANGALORE - 560 020 …RESPONDENTS (BY SRI.B.SUKANYA BALIGA, AGA FOR R1; SRI.B.S.KARTHIKEYAN, ADV. FOR R2) Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8713 WP No. 12241 of 2021 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO REFUND THE AMOUNT OF RS.4,00,000/- BY THE CONSIDERATION WITH INTEREST AT 24 PERCENT PER ANNUM BY CONSIDERATION WITH REPRESENTATION PRODUCED UNDER ANNEXURE-A AND B. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners are before this Court seeking direction to the respondent No.2 to refund Rs.4,00,000/- with interest @ 24% p.a. by considering the representation dated 17.11.2020 produced at Annexure-A. The case of the petitioners is that in response to the advertisement issued by respondent No.2, petitioner had participated in an E-auction held on 04.11.2020 in respect of a site bearing No.995, Arkavathi Block II, Sampigehalli, Bengaluru. The petitioners had deposited a sum of Rs.4,00,000/- into the account of respondent No.2. Petitioners being the highest bidders were called upon by the respondent No.2 to deposit balance sum of Rs.34,73,240/-. In the meanwhile petitioners learnt that one K.Chandrashekar had filed a suit in O.S.No.875/2012 against one Parvathamma and respondent No.2 in respect of the aforesaid site which is - 3 - NC: 2025:KHC:8713 WP No. 12241 of 2021 pending consideration before the City Civil Court. That despite the same respondent No.2 had put the said site into auction. As such the petitioners not being interested to proceed further with the auction sought for refund of the amount deposited in a sum of Rs.4,00,000/-. Non consideration of the said request made in terms of representation dated 17.11.2020 has constrained the petitioners to approach this Court. 3. Counsel for the respondent -BDA submit given some time, case of the petitioners 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 17.11.2020 of the petitioners as per Annexure-A and after giving an opportunity of personal hearing to the petitioners shall pass appropriate orders in accordance with law. - 4 - NC: 2025:KHC:8713 WP No. 12241 of 2021 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 SBN List No.: 2 Sl No.: 50