- 1 - NC: 2025:KHC:8716 WP No. 3975 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. 3975 OF 2023 (BDA) BETWEEN: SRI KUMARSWAMY S/O LATE K GANAPPA BHOVI AGED ABOUT 67 YEARS RESIDING AT NO 89, SREE GOWRI KALAHALLI, VINOBANAGAR SHIVAMOGGA - 577 204. …PETITIONER (BY SRI. SRIKANTH M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VIKASA SOUDHA AMBEDKAR VEEDHI BANGALORE - 560 001 REPRESENTED BY ITS SECREATARY. 2. THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T CHOWDAIAH ROAD BANGALORE - 560 020 REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SMT. SPOORTHY HEGDE N., HCGP FOR R1; SRI. MURUGESH V. CHARATI.,ADVOCATE FOR R2) Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8716 WP No. 3975 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENT; DIRECTING THE R-2 TO CONSIDER THE REPRESENTATION AT ANNEXURE-F DATED 20/01/2023 AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, 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 respondent-BDA to consider the representation dated 20.01.2023 of the petitioner as per Annexure-F. 2. Case of the petitioner is that he was allotted a site bearing No.593, measuring East to West 15 meters, North to South 24 meters situated at Anjanapura 10th Block, under 'G' category as per letter of allotment dated 28.10.2009. Petitioner has paid the sital value. That by virtue of order dated 25.08.2012 passed in W.P.No.23475/2010 c/w W.P.No.1032/2006 and W.P.No.36275/2009 (BDA-PIL) the allotment of site under 'G' category were held to be illegal and arbitrary. A Committee has been constituted to consider the applications of each of the applicant by giving personal hearing - 3 - NC: 2025:KHC:8716 WP No. 3975 of 2023 to substantiate their case. Accordingly, case of the petitioner was taken up in enquiry case No.85/738/2022. Petitioner had sought for saving of allotment in his favour as he did not own any other residential property within the city of Bangalore as on the date when he had made application for allotment of site under 'G' category. The Committee by order dated 15.12.2022 as per Annexure-E had directed the respondent -BDA to make necessary steps in accordance with Rules, inasmuch as, it had not come to any conclusion with regard to allotment of site in favour of petitioner and no lease-cum-agreement or sale deed have been executed in favour of the petitioner. Liberty was also reserved to the petitioner to seek his remedy elsewhere. In pursuant to the said order, petitioner made a representation dated 20.01.2023 to the respondent No.2 as per Annexure-F seeking allotment of site in his favour under 'general category' on the ground of petitioner already having paid the entire site amount to the respondent -BDA. Since there is no action till date, petitioner is before this Court. 3. Counsel for the respondent -BDA submit given some time and on petitioner satisfying all requirements of the - 4 - NC: 2025:KHC:8716 WP No. 3975 of 2023 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 20.01.2023 produced at Annexure-F 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.: 57