SRI.PRATHAP K.PARASHAR v. THE BANGALORE DEVELOPMENT AUTHORITY
WP/10627/2022 · 2025-02-24
M G S Kamal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46134 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46134 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8726 WP No. 10627 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. 10627 OF 2022 (BDA) BETWEEN:
SRI. PRATHAP K.PARASHAR S/O D S P KUMAR AGED ABOUT 44 YEARS R/A NO.818 "PARASHARA" 2ND MAIN, BANK OF BARODA COLONY 7TH PHASE, J P NAGAR BENGALURU-560 078. …PETITIONER (BY SRI. DESHRAJ.,ADVOCATE)
AND:
THE BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK (WEST) BENGALURU - 560 020.
REPRESENTED BY ITS COMMISSIONER …RESPONDENT (BY SMT. ASHWINI CHIKKAMATH.,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT DATED 05.02.2021 ISSUED BY THE RESPONDENT, PRODUCED AT ANNEXURE-K 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
Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8726 WP No. 10627 of 2022
ORAL ORDER
Petitioners are before this Court seeking quash of the impugned endorsement dated 05.02.2021 issued by respondent-BDA as per Annexure-K and for issue of writ of mandamus to the respondent to consider representation dated 11.06.2018 as per Annexure-A.
2. Case of the petitioner is that one Smt.S.Sumalini Ravindra had been allotted a site bearing No.1437 situated at III Block, J.P.Nagar VIII Phase, Bangalore, vide letter of allotment dated 07.08.1999. A deed of sale dated 20.01.2006 was executed in her favour. That petitioner purchased said site from the allottee under the deed of sale dated 21.08.2008. Khatha has been made in her name. It was later found that the said site had been formed in the land which was subject matter of a dispute in W.P.No.47155-47161/2011 before this Court. Petitioner had thus sought for allotment of site. That after lapse of three years respondent issued the impugned endorsement contending that petitioner being a purchaser of the site has no locus standi to seek alternate site. Hence, the petition.
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NC: 2025:KHC:8726 WP No. 10627 of 2022
3. Learned counsel for the petitioner submits that under similar fact situation of the matter this Court in its order passed in W.P.Nos.44619/2016, W.P.No.1747/2012 and W.P.No.51122/2019 wherein similar endorsement had been challenged, has directed the respondent-BDA to consider the representations of the petitioners therein for allotment of alternate site. The petitioner who is similarly situated is therefore entitled for consideration of his representation for allotment of alternate site.
5.
Learned counsel for the respondent -BDA submit given some time, case of the petitioner would be reconsidered in accordance with law.
6. Hence, following;
ORDER
1. Petition is allowed. Impugned endorsement dated 05.02.2021 as per Annexure-K is quashed.
2. The respondent-BDA shall consider the representation of the petitioner as per Annexure-A for allotment of alternate site. If the petitioner is found eligible appropriate orders shall be passed in accordance with law.
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NC: 2025:KHC:8726 WP No. 10627 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
SBN List No.: 2 Sl No.: 139