- 1 - NC: 2025:KHC:8706 WP No. 10670 of 2023 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. 10670 OF 2023 (BDA) BETWEEN: 1. SRI. OBALESH S/O LATE LINGAIAH AGED ABOUT 38 YEARS RESIDING AT NO. 294, 12TH MAIN, V.S.GARDEN, J.J. NAGAR, BENGALURU - 560 026 2. SRI. NARSIMHAMURTHY , S/O LATE LINGAIAH AGED ABOUT 44 YEARS RESIDING AT NO. 294, 12TH MAIN, V.S.GARDEN, J J NAGAR, BENGALURU - 560 026 3. SMT. LAKSHMINARASAMMA W/O G OBULESH, AGED ABOUT 48 YEARS RESIDING AT NO.1, 206/B, PYADINDI, C K PALLI, ANANTHAPUR DISTRICT ANDHRA PRADESH - 515 651. 4. SMT. PADMA W/O SHEKHAR AGED ABOUT 40 YEARS RESIDING AT NO 211 9TH MAIN ROAD, 11TH CROSS V.S. GARDEN, J J NAGAR BENGALURU - 560 026 …PETITIONERS (BY SRI. CHANDRAKANTH R GOULAY, ADVOCATE) Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8706 WP No. 10670 of 2023 AND: 1. THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST, BANGALORE – 560 020. 2. THE DEPUTY SECRETARY - I BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST, BANGALORE – 560 020. 3. SRI KRISHNAMURTHY, NO 681-682, 13TH CROSS, 15-F, MEDICAL KUMARASWAMY LAYOUT, II STAGE, NEAR KRISHNA ARAMANI, HOTEL BENGALURU - 560 078 …RESPONDENTS (BY SRI. KARTHIKEYAN B S, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE RESPONDENT NO. 1 AND 2 TO CONSIDER THE APPLICATION SEEKING RESTORATION OF POSSESSION OF SITE BEARING NO. 3489 MEASURING 30 X 20 FEET, SITUATED AT 1ST STAGE, KUMARASWAMY LAYOUT, BENGALURU AND TO PASS APPROPRIATE AND SUITABLE ORDERS DECLARE THAT THE DOCUMENTS OF TITLE, POSSESSION, DOCUMENT OF POSSESSION BY THE RESPONDENT NO. 3 OBTAINED BY FRAUD AND MISREPRESENTATION AND THE SAME IS TO BE DECLARED AS VOID. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 3 - NC: 2025:KHC:8706 WP No. 10670 of 2023 ORAL ORDER Petitioners are before this Court seeking issue of writ of mandamus to the respondent Nos. 1 and 2 to consider the application dated 12.04.2023 seeking restoration of possession of site bearing No.3489 measuring East to West 30 ft. and North to South 20 ft. situated at 1st Stage, Kumara Swamy Layout, Bengaluru as per Annexure-N. 2. Case of the petitioners is that the aforesaid site had been allotted in favour of their father Sri.Lingaiah in terms of letter of allotment dated 22.05.1985 as per Annexure-A. That the father of the petitioners had partly paid the cost of the said site and had requested for extension of time to pay the balance amount. That on the basis of an alleged deed of sale purported to have been executed by the father of the petitioners in favour of one G.K.Thimmaiah, and on the basis of certain documents submitted by said G.K.Thimmaiah, respondent -BDA had issued a letter of allotment dated 16.08.2010 in favour of said G.K.Timmaiah in respect of the very same site which had been allotted in favour of the father of the petitioners. Based on the same, respondent No.3 claiming to be son of said - 4 - NC: 2025:KHC:8706 WP No. 10670 of 2023 G.K.Thimmaiah had obtained a possession certificate dated 21.10.2011 from the respondent -BDA. The Commissioner, BDA had caused issuance of public notice calling for objections in respect of the aforesaid site. Name of the father of the petitioners was not mentioned. In response, the petitioners submitted representation dated 12.04.2023 narrating the aforesaid factual aspect of the matter and seeking allotment of the said site in their favour undertaking to pay the balance amount. However, there has been no response by the respondent -BDA in this regard. Hence, the writ petition. 3. Counsel for the respondent -BDA submit given some time, case of the petitioners would be considered in accordance with law. 4. Hence, the following; ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the representation dated 12.04.2023 bearing computer No.78236 as per Annexure-N of the petitioners and after giving an opportunity of personal hearing to - 5 - NC: 2025:KHC:8706 WP No. 10670 of 2023 the petitioners as well as respondent No.3 and thereafter 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 RU, List No.: 2 Sl No.: 18