- 1 - NC: 2025:KHC:8725 WP No. 6399 of 2022 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. 6399 OF 2022 (BDA) BETWEEN: 1. SRI M NAGESH S/O SRI M ANJANEYALU AGED ABOUT 57 YEARS, 2. SMT N LEELAVATHI W/O SRI M NAGESH AGED ABOUT 51 YEARS, BOTH ARE R/AT NO.10/74, 3RD CROSS 3RD MAIN, SRINIVASANAGAR BANASHANKARI 3RD STAGE BENGALURU-560 085. …PETITIONERS (BY SRI. SOMASHEKARA K M.,ADVOCATE) AND: 1. THE BENGALURU DEVELOPEMNT AUTHORITY T CHODAIAH ROAD KUMARA PARK WEST BENGALURU -560 020. REP BY ITS THE COMMISSIONER. 2. THE DEPUTY SECRETARY-I BENGALURU DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020. …RESPONDENTS (BY SMT. POONAM PATIL.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8725 WP No. 6399 of 2022 QUASHING THE IMPUGNED ALLOTMENT LETTER DATED 16.02.2022 ISSUED BY R2 VIDE NO.072763 SITE BEARING NUMBER B8-SB-556,MEASURING 9X12 METERS AT NADAPRABHU KEMPEGOWDA LAYOUT AS AN ALTERNATIVE SITE VIDE ANNEXURE-N AND ETC. 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 Petitioners are before this Court seeking quash of the impugned allotment letter dated 16.02.2022 issued by respondent No.2 vide No.072763 allotting site bearing number B8-SB-556, measuring 9x12 meters at Nadaprabhu Kempegowda Layout as an alternative site vide Annexure-N and for issue of writ of mandamus to the respondents to allot alternate site in the same layout, namely, Further extension of Banashankari VI Stage Layout or Sir M.Viveshwaraiah Layout and/or Further extension of Sir M.Viveshwaraiah Layout or in the Arkavathi Layout. 2. Case of the petitioners is that a site bearing No.61 measuring East to West 12 meters and North to South 9 meters situated at 4th, H Block, Further extension of Banashankari VI Stage Layout forming part of new Sy.No.69 (old Sy.No.42) of - 3 - NC: 2025:KHC:8725 WP No. 6399 of 2022 Thurahalli Village, Uttarahalli Hobli, Bangalore was allotted in favour of one P.V.Joseph by the respondent-BDA. A deed of sale dated 15.03.2005 was executed in his favour. That petitioners purchased said site under the deed of sale dated 10.09.2009. Khatha has been made in their name. It was later found that the said site had been formed in the land lying in the forest zone. Petitioner had thus sought for allotment of site. 3. Petitioners had earlier filed writ petition in W.P.No.9692/2021 which was allowed directing the respondent to consider the representation. Non-consideration of the said representation, constrained the petitioners to initiate contempt proceedings in CCC No.71/2022. During the pendency of contempt proceedings respondent authorities allotted alternate site in Nadaprabhu Kempegowda Layout in terms of impugned letter of allotment dated 16.02.2022. Accordingly contempt proceedings were dropped reserving liberty to the petitioners to challenge the allotment. Aggrieved by the allotment so made, petitioners are before this Court. 4. It is contended that persons similarly situated with that of the petitioners have been allotted sites in the very same - 4 - NC: 2025:KHC:8725 WP No. 6399 of 2022 layout namely Banashankari VI Stage Layout and there are several vacant sites available till date and that there is a discrimination meted out to the petitioners and the petitioners are entitled for alternate site in the same layout on principles of parity. 5. Counsel for the respondent -BDA submit given some time, case of the petitioners would be reconsidered in accordance with law. 6. Hence, following; ORDER 1. Petition is allowed. Impugned allotment letter dated 16.02.2022 at Annexure-N is quashed. 2. The respondent-BDA shall consider the case of the petitioner for allotment of site in Further extension of Banashankari VI Stage Layout or Sir M.Viveshwaraiah Layout and/or Further extension of Sir M.Viveshwaraiah Layout or in the Arkavathi Layout. If the petitioners are found eligible appropriate orders shall be passed in accordance with law. - 5 - NC: 2025:KHC:8725 WP No. 6399 of 2022 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.: 137