- 1 - NC: 2025:KHC:8729 WP No. 1925 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. 1925 OF 2023 (BDA) BETWEEN: SMT. GEETHA. M. K. W/O R. VENKATACHALAPATHI AGED ABOUT 67 YEARS, R/AT RENUKA KRUPA SEETHARAMU KALYANA MANDIRA ROAD 2ND CROSS, DIRGI GUDI SHIMOGGA - 577 201. …PETITIONER (BY SRI. SUNDARESH H C.,ADVOCATE) AND: 1. THE COMMISSIONER BENGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU - 560 020. 2. THE DEPUTY SECRETARY IV BENGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU - 560 020. …RESPONDENTS (BY SRI. B. VACHAN.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 22/11/2022 AND 16/12/2022 AS PER ANNEXURE-J1 AND J RESPECTIVELY FOR ALLOTMENT OF ALTERNATIVE SITE AND TO EXECUTE SALE DEED OF THE SAID SITE IN HER FAVOUR IN THE SAME LAYOUT IN LIEU OF SITE NO.2538, MEASURING Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8729 WP No. 1925 of 2023 20X30, SITUATED AT ARKAVATHI BLOCK 7, PURSUANT TO ALLOTMENT LETTER AND LEASE CUM SALE AGREEMENT AS PER ANNEXURE-A AND C RESPECTIVELY. 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 respondents to allot alternate site in favour of the petitioner in Arkavathi Layout, Bangalore in lieu of site No.2538, measuring 20 X 30 ft. situated at Arkavathi Block 7 Layout, Bangalore. 2. Case of the petitioner is that she had filed an application before the respondent -BDA for allotment of 20 X 30 ft. site under General Category. That considering her application the respondent -BDA has allotted the aforesaid site in her favour and a lease-cum-sale agreement was also executed. That another representation to execute absolute deed of sale filed by the petitioner and the same was considered by the Deputy Secretary directing the Assistant Executive Engineer to conduct spot inspection and to file a - 3 - NC: 2025:KHC:8729 WP No. 1925 of 2023 report. The Assistant Executive Engineer after conducting spot inspection of the site had submitted a report stating that the site in question was transferred to earlier land owners redo Scheme and the same is not available for execution of sale deed. Thus, petitioner made a representations dated 22.11.2022 and dated 16.12.2022 as per Annexures-J and J1 seeking allotment of alternate site in lieu of aforesaid site No. 2538. Since there has been no action by the respondent -BDA in this regard, petitioner is before this Court. 3. 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. 4. Submission is taken on record. 5. Hence, the following; ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the representation dated 22.11.2022 and 16.12.2022 - 4 - NC: 2025:KHC:8729 WP No. 1925 of 2023 produced at Annexures-J and J1 of the petitioner after giving an opportunity of 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.: 162