- 1 - NC: 2025:KHC:8683 WP No. 14102 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.14102 OF 2024 (BDA) BETWEEN: SRI VENKATESHA D S/O DODDA THIMMAIAH AGED ABOUT 62 YEARS RESIDENT OF ELEGENT EMBASSY NO.SF-5 NO.92/93, 2ND MAIN 4TH CROSS, S RAMARAO LAYOUT BANASHANKARI 3RD STAGE BENGALURU SOUTH BENGALURU- 560 085. …PETITIONER (BY SRI. RAJESWARA P N, ADVOCATE) AND: BENGALURU DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMAR PARK WEST BENGLURU -560 020 REPRESENTED BY ITS COMMISSIONER. …RESPONDENT (BY SRI. G LAKSHMEESH RAO, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO ALLOT SITE NO.2250 IN VISHWESHWARAIAH LAYOUT 1ST BLOCK TO THE PETITIONER AND PUT THE PETITIONER IN POSSESSION OF SITE NO.2250 IN VISHWESHWARAIAH LAYOUT 1ST BLOCK AND EXECUTE ABSOLUTE SALE DEED IN FAVOUR OF THE PETITIONER IN RESPECT OF SITE NO.2250 IN VISHWESHWARAIAH LAYOUT 1ST BLOCK, AS PER PETITIONER'S REPRESENTATIONS DATED Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8683 WP No. 14102 of 2024 23.03.2021 AT ANNEXURE-R 03.02.2023 ANNEXURE-U AND 09.05.2024 AT ANNEXURE-X 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 Petitioner is before this Court seeking issue of writ of mandamus directing the respondent -BDA to allot site No.2250 in Sir M. Vishweshwaraiah Layout, 1st Block, and to execute deed of sale and deliver the possession of the same as per the representations dated 23.03.2021, 03.02.2023 and 09.05.2024 as per Annexures-R, U and X. 2. Case of the petitioner is that he was allotted a site bearing No.1156, measuring 12 meters X 18 meters in IV 'T' Block, further extension of Banashankari 6th Stage in terms of letter of allotment dated 07.02.2004. However, matter could not to be persuaded further on the ground of the said property being under litigation. Petitioner therefore made a representation dated 04.04.2005 seeking allotment of alternate site. The Alternate Site Committee in its meeting dated 18.8.2005 decided to allot alternate site to the petitioner. - 3 - NC: 2025:KHC:8683 WP No. 14102 of 2024 Assistant Executive Engineer had identified site No.531, 6th Stage, 11th Block, Banashankari to be allotted and had also submitted correct dimension report. The said site was allotted as per allotment letter dated 25.05.2006. Possession certificate dated 16.10.2006 was issued, deed of sale dated 16.10.2016 was also executed. However, petitioner was informed that in the year 2020 the respondent -BDA had cancelled the said deed of sale as per the cancellation deed dated 05.11.2015 in view of the direction issued by this Court in W.P.No.16590/2004 vide order dated 19.01.2013, where the acquisition of land had been set aside. 3. On learning about the same, the petitioner had made representation dated 06.05.2020 for grant of alternate site either in Banashankari or Vishweshwaraiah Layout. In response, the petitioner was called upon to furnish certain documents as per endorsement dated 08.06.2020 which were duly complied vide letter dated 29.06.2020. Petitioner followed up the matter by representations dated 16.10.2020 and 14.12.2020. A site bearing No.2250 in Sir M. Vishweshwaraiah Layout, 1st Block was identified and correct dimension report in this regard has also been submitted by the Assistant Executive - 4 - NC: 2025:KHC:8683 WP No. 14102 of 2024 Engineer. The Site Allotment Committee in its proceedings dated 28.09.2021 has resolved to consider the request of the petitioner for allotment of alternate site. Even thereafter the matter has not proceeded further resulting in petitioner constantly following up the matter giving representation as per Annexure-U. Yet there has been no action, constrained the petitioner to approach this Court. 4. Counsel for the respondent -BDA submit given some time and on petitioner satisfying all the requirements of the respondent-BDA, case of the petitioner would be considered in accordance with law. 5. Submission is taken on record. 6. Hence, the following; ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the representations dated 23.03.2021, 03.02.2023 and 09.05.2024 produced at Annexures -R, U and X of the petitioner after giving an opportunity of - 5 - NC: 2025:KHC:8683 WP No. 14102 of 2024 personal hearing and if the petitioner is found eligible 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.: 211