- 1 - NC: 2025:KHC:8679 WP No. 5154 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. 5154 OF 2024 (BDA) BETWEEN: 1. FARZANA BANU K.N. W/O SAIFRU RAHAMAN PANAPAKKAM, A/A 32 YEARS, R/O 382, 3RD FLOOR, FLAT NO. 301, PARK VIEW APARTMENT, HAINES ROAD, FREZER TOWN BENGALURU-560 005. 2. RAMEEZ BEE K N D/O K A NASERDIEN A/A 31 YEARS, NO. 23,3RD MAIN, 1ST CROSS, VANNARAPET, AYYAPPA TEMPLE BLOCK, BENGALURU-560 047. 3. NOOR MAHAMMED K N S/O K A NASERUDIEN, A/A 27 YEARS, NO. 23 3RD MAIN 1ST CROSS, VANNARAPET, AYYAPPA TEMPLE BLOCK, BENGALURU-560 047. 4. AKIFA FARHEEN D/O MODI SHAFI, A/ 25 YEARS, R/O NO 40 15TH MAIN, 17TH CROSS, I T I LAYOUT, BENSON TOWN, BENGALURU-560 046. …PETITIONERS (BY SRI. R G HEGDE.,ADVOCATE) Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8679 WP No. 5154 of 2024 AND: BENGALURU DEVELOPMENT AUTHORITY SANKEY ROAD, KUMARA PARK WEST, BENGALURU-560 020 BY ITS COMMISSIONER …RESPONDENT (BY SRI. BASAVARAJ H.T.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER THE REPRESENTATION OF THE MOTHER OF THE PETITIONER AS PER ANNEXURE-B DATED. 06.02.2012 GIVEN TO THE RESPONDENT BY THE ISSUE OF WRIT OF MANDAMUS OR IN THE ALTERNATIVE 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 direction to the respondent-BDA for consideration of the representation given by their mother on 06.02.2012 as per Annexure-B and for further direction for allotment of sites bearing Nos.22 and 31 formed out of land in Sy.No.18 of Tavarekere Village, Begur Hobli, Bangalore South Taluk, measuring East to West 17 1/2 ft 12 1/2 ft. and North to South 80 ft + 82/2 ft or to allot alternate site of same dimension in BTM Layout subject to payment of sital value as per the Rules of allotment to the - 3 - NC: 2025:KHC:8679 WP No. 5154 of 2024 Economically Weaker Section(EWS). Case of the petitioners is that their mother had purchased site Nos.22 and 31 forming part of land in Sy.No.18, Gurappanapalya, Tavarekere Village, Begur Hobli, Bangalore South Taluk under registered deed of sale dated 11.01.1993 from the erstwhile owner namely Thayiga also known as Thayappa. The said land has been acquired by the respondent-BDA under Preliminary Notification and Final Notification dated 29.09.1977 and 07.02.1978 respectively. That their mother had earlier filed suit in O.S.No.5457/2002 against the BDA which was dismissed and thereafter filed regular first appeal in RFA No.412/2016 which is pending consideration. In the meanwhile their mother had made a representation dated 06.02.2012 for consideration of allotment of alternate site. She died on 12.05.2023 even before the consideration of her representation. Hence, the petition. 2. Learned counsel for the petitioners submit that the case of the petitioners is required to be considered in the light of the law laid down by this Court in the case of Junjamma and others Vs. Bangalore Development Authority reported in ILR 2005 KAR 608. - 4 - NC: 2025:KHC:8679 WP No. 5154 of 2024 3. Learned counsel for the respondent -BDA submit given some time, case of the petitioners would be reconsidered in accordance with law. 4. Hence, following; ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the case of the petitioners in accordance with law. If the petitioners are found eligible in terms of Judgment in the case of Junjamma and others Vs. Bangalore Development Authority reported in ILR 2005 KAR 608 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 SBN List No.: 2 Sl No.: 202