- 1 - NC: 2025:KHC:8731 WP No. 12479 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. 12479 OF 2023 (BDA) BETWEEN: H. RAMESH S/O H.H. RAYAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO.824, 13TH CROSS, MAHALAKSHMI LAYOUT, BENGALURU - 560 086 …PETITIONER (BY SRI VENKATESH H N, ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BENGALURU - 560 020. 2. DEPUTY SECRETARY 4 BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU-560 020. …RESPONDENTS (BY SRI H.T.BASAVARAJA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO ISSUE MANDAMUS TO THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF PETITIONER DTD 26/08/2020 AT ANNEXURE D AND TO ALLOT ALTERNATIVE SITE AS PER REPORT OF THE OFFICIALS AT ANNEXURE.G 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 - 2 - NC: 2025:KHC:8731 WP No. 12479 of 2023 ORAL ORDER Petitioner is before this Court seeking issue of writ of mandamus to the respondent-BDA to consider the representation dated 26.08.2020 as per Annexure-D and for allotment of alternate site bearing No.B-5-SH-2778 measuring 12X18 meters, situated at Nadaprabhu Kempegowda Layout forming part of Sy.No.16/3 of Challagatta Village, Bengaluru to the petitioner in terms of the report of the respondent-BDA as per Annexure-G 2. Case of the petitioner is that he was allotted a site No.107, measuring 12X18 meters by the respondent-BDA in terms of letter of allotment dated 24.06.2006 in Arakavathi Layout, Block No.VI. Petitioner paid Rs.4,54,600/- as per remittance challan dated 09.10.2006. Petitioner was awaiting delivery of the possession of the site, petitioner learnt that the Government of Karnataka had passed an order to re-do the layout, as such physical possession of the site was not handed over. As there was a delay, the respondent-BDA decided to allot alternate site to the petitioner. Petitioner made - 3 - NC: 2025:KHC:8731 WP No. 12479 of 2023 representation dated 26.08.2020, seeking allotment of alternate site in Nadaprabhu Kempegowda Layout. Executive Engineer, Nadaprabhu Kempegowda Layout, West Division, BDA by respondent No.2 to verify and report the availability of any alternate site. Accordingly, on 16.07.2022 a recommendation was made for allotment of aforesaid site bearing No.B-5-SH-2778 measuring 12X18 meters, situated at Nadaprabhu Kempegowda Layout and correct dimension report was also submitted. However, till date the said site has not been allotted in favour of the petitioner. Hence, the present petition. 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 26.08.2020 as per Annexure- - 4 - NC: 2025:KHC:8731 WP No. 12479 of 2023 D 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. 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.: 172