- 1 - NC: 2025:KHC:8709 WP No. 12448 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. 12448 OF 2024 (BDA) BETWEEN: SRI. VENKATESH M S/O. LATE MUNIYAPPA, AGED ABOUT 51 YEARS, R/AT NO. 181, NEAR ANGANAVADI, 1ST MAIN ROAD, SUBRAMANYAPURA MAIN ROAD, SUBRAMANYAPURA POST, BENGALURU-560 061. …PETITIONER (BY SRI. SUNDARESH H C, ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. 2. THE DEPUTY SECRETARY-3 BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. …RESPONDENTS (BY SRI. BASAVARAJA H T, ADVOCATE FOR R1 AND R2) Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8709 WP No. 12448 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT BEARING NO. BDA/DS- 3/KST/1602/2023.24, DTD 29.09.2023 ISSUED BY THE R2 AS PER ANNEXURE-P. DIRECTING R1 AND 2 TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DTD 19.05.2023 AS PER ANNEXURE-K FOR TRANSFER OF SITE BEARING NO. 1602, MEASURING 25X40, SITUATED AT KENGERI SATELLITE TOWN AND EXECUTE SALE DEED OF THE SITE IN HIS FAVOR, PURSUANT TO THE ALLOTMENT LETTER DTD 25.05.1977 AND LEASE CUM SALE DEED DTD 07.06.1985 AS PER ANNEXURE-A AND B RESPECTIVELY BY CONSIDERING THE GENEALOGICAL TREE AND OTHER NECESSARY DOCUMENTS FURNISHED BY THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, 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 quash of endorsement dated 29.09.2023 issued by the respondent No.2 as per Annexure-P and for issue of writ of mandamus to the respondent Nos. 1 and 2 to consider the representation dated 19.05.2023 as per Annexure-K for transfer of site No.1602 measuring 25 ft. x 40 ft. situated at Kengeri Satellite town and to execute deed of sale in his favour in terms of allotment letter dated 25.05.1977 and lease-cum-sale deed dated 07.06.1985 as per Annexures-A and B. - 3 - NC: 2025:KHC:8709 WP No. 12448 of 2024 2. Case of the petitioner is that his father late Muniyappa had been allotted the aforesaid site on 25.05.1977 and a lease-cum sale agreement dated 07.06.1985 along with possession certificate dated 18.06.1985 had been issued in his favour. That the said Muniyappa passed away on 25.03.2010. Consequent upon which katha has been transferred in the name of mother of the petitioner who also died on 04.10.2014. That the petitioner thereafter sought for transfer of aforesaid site and registration of deed of conveyance in his name. However, respondent -BDA has issued an endorsement stating that there is discrepancy in the legal heirs details and the signatures. Accordingly, had directed the petitioner to have the matter resolved in the Court of law. Aggrieved by the same, he is before this Court. 3. Learned counsel for the petitioner submits that the petitioner is sole surviving heir of aforesaid Muniyappa and Lakshmamma and there are no other claimants other than the petitioner. That in the absence of any claim or objection, respondent -BDA is not justified in raising the objections as has been done vide impugned endorsement. He further submits - 4 - NC: 2025:KHC:8709 WP No. 12448 of 2024 that such an endorsement has been issued without any personal hearing. Hence seeks for allowing of the petition. 4. Counsel for the respondent -BDA submit given some time, case of the petitioner would be re-considered after affording personal hearing of the petitioner in accordance with law. 5. Hence, the following; ORDER 1. Petition is allowed. 2. The impugned endorsement dated 29.09.2023 at Annexure-P is quashed. 3 The respondent-BDA shall consider the representation dated 19.05.2023 as per Annexure-K of the petitioner and after giving an opportunity of personal hearing to the petitioner appropriate orders shall be passed in accordance with law. - 5 - NC: 2025:KHC:8709 WP No. 12448 of 2024 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.: 35