- 1 - NC: 2025:KHC:8728 WP No. 25431 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. 25431 OF 2022 (BDA) BETWEEN: SMT. R PADMAVATHI W/O SRI PRAKASH V AGED ABOUT 53 YEARS, R/AT NO 34 2ND MAIN ROAD GAYATHRIDEVI PARK EXTENSION BENGALURU - 560 003. …PETITIONER (BY SRI. CHOWDAREDDY T. M..,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT M S BUILDING BENGALURU - 560 001. 2. THE BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU - 560 020. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1; SRI. B.S. KARTHIKAYAN.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ALLOT ALTERNATIVE SITE TO THE PETITIONER AS PRAYED FOR IN THE REPRESENTATION DATED 31.01.2017 A COPY OF WHICH IS PRODUCED AT ANNEXURE-J AND SUCH OTHER SUITABLE SITE IN THE LAYOUT FORMED AND READY FOR ALLOTMENT IN AND AROUND 2011 EXPEDITIOUSLY. Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8728 WP No. 25431 of 2022 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 to the respondents to consider the representation dated 31.01.2017 as per Annexure-J seeking allotment of alternate site. 2. Case of the petitioner is that she was earlier allotted a site No.195 in Hebbal-Gangenahalli Layout, in terms of letter of allotment dated 09.11.2010 and lease cum sale agreement was executed in her favour on 28.01.2011 and possession certificate was issued on 29.01.2011. Khata was registered in her name. However, the said site was found to be in occupation of some other persons with existence of old structure. The Assistant Executive Engineer had submitted a office note, that the said site had been allotted by Cubbonpet Silk Handloom Weavers Co-operative Society Ltd., in favour of one Sri. Muniyappa as early as 19.11.1964, who in turn had sold to one Dr. C.S. Nagesh. Petitioner was directed to return original documents which was given to her, which she duly - 3 - NC: 2025:KHC:8728 WP No. 25431 of 2022 returned along with letter dated 28.03.2015. A decision was taken to allot an alternate site of the petitioner in the month of December 2015. Pursuant to which, petitioner made an representation dated 31.01.2017 seeking allotment of site in site No.JK-202 in Arkavathi layout, II Block, which according to the Assistant Executive Engineer of the respondent-BDA was vacant and available. Since no action was taken, petitioner is before this Court seeking the above relief. 3. Counsel for the respondent -BDA submit given some time, case of the petitioner would be considered in accordance with law. 4. Hence, following; ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the representation dated 31.01.2017 as per Annexure-J of the petition and after giving an opportunity of personal hearing to the petitioner and thereafter if the petitioner is found eligible appropriate orders shall be passed in accordance with law. - 4 - NC: 2025:KHC:8728 WP No. 25431 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 RL List No.: 2 Sl No.: 157