- 1 - NC: 2025:KHC:8703 WP No. 41600 of 2019 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.41600 OF 2019 (LA-BDA) BETWEEN: SRI. T M AZIZUDDIN S/O T M ZAINALABDIN AGED ABOUT 79 YEARS, SITE NO:64, SY.NO.22/2 RAMASANDRA GRAMA KENGERI HOBLI BANGALORE SOUTH TALUK - 560 060. …PETITIONER (BY SRI TAJUDDIN, ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BANGALORE - 560 020. 2. THE ADDL. LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BANGALORE - 560 020. 3. SMT. B.SUDHA ADDL. LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BANGALORE - 560 020. …RESPONDENTS (BY SRI AJAY KUMAR, ADVOCATE) THIS WRIT PETITION UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-A ISSUED BY THE RESPONDENT IN ENDORSEMENT DTD.6.8.2019 WHICH IS RECEIVED BY THE PETITIONER ON 22.8.2019 AND OF ALL SUBSEQUENT PROCEEDINGS THEREON AND ETC., Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8703 WP No. 41600 of 2019 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 quash of Endorsement dated 06.08.2019, as per Annexure-A and direction for respondent-BDA to allot alternate site in lieu of compensation. 2. Case of the petitioner is that he was the owner of property bearing House No.64, Khata No.19 isutated at Doddabasthi Village, Ramasanda Dakale, Kengeri Hobli, Bengaluru South Taluk measuring East to West 38 Ft., North to South 30 Ft. which was acquired by the respondent-BDA for formation of Sir. M.Vishweshwarayya Layout. That the petitioner being the purchaser of site and being entitled for consideration of his case in terms of the order of this Court in the case of Junjamma and others Vs. Bangalore Development Authority reported in ILR 2005 KAR 608 had earlier approached this Court in W.P.No.43479/2015, which by Order dated 25.07.2019, was disposed of directing the respondent-BDA to process the claim of the petitioner on the - 3 - NC: 2025:KHC:8703 WP No. 41600 of 2019 principles of parity with liberty to the petitioner to file an application within ninety days from the date of the said order. That by the impugned endorsement, the respondent-BDA has stated that since the petitioner has not registered himself for alternate site and obtained registration card for allotment of alternate site, his request could not considered. Aggrieved by the same, petitioner is before this Court. 3. Learned counsel for the petitioner submits that on earlier occasion this Court by its order dated 27.05.2019 passed in aforesaid W.P.No.43479/2015 had reserved liberty to the petitioner to file application within ninety days from the date of said order with the direction to the respondent-BDA to consider the case of the petitioner on principles of parity. However, the respondent-BDA has come out with untenable reasons contrary to the directions issued by the Co-ordinate Bench of this Court. 4. There is considerable force in the submission made by the petitioner inasmuch as this Court had reserved liberty to the petitioner to file application within ninety days from the date of the said order as noted above, the respondent-BDA was - 4 - NC: 2025:KHC:8703 WP No. 41600 of 2019 directed to consider the case of the petitioner on principles of parity. However, the respondent-BDA in the impugned endorsement has raised objections with regard to petitioner not having obtained the registration card and accordingly has rejected the application. The aforesaid order therefore runs contrary to the direction passed by the Co-ordinate Bench of this Court. 5. At this juncture, counsel for the respondent -BDA submit given some time, case of the petitioner would be reconsidered in light of the order dated 27.05.2019 passed by the Co-ordinate Bench of this Court in the writ petition in W.PNo.43479/2015. 6. Submission is taken on record. 7. Hence, following; ORDER 1. Petition is allowed. 2. The impugned endorsement dated 06.08.2019, as per Annexure-A is hereby quashed. The - 5 - NC: 2025:KHC:8703 WP No. 41600 of 2019 respondent-BDA shall consider the case of the petitioner in light of the order dated 27.05.2019 passed by the Co-ordinate Bench of this Court in the writ petition in W.PNo.43479/2015. 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.: 103