- 1 - HC-KAR NC: 2025:KHC-D:8233 WP No. 103799 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103799 OF 2025 (GM-RES) BETWEEN: SMT. RENUKADEVI D/O. BASAPPA BARAGI, AGE: 41 YEARS, OCC: GOVT. JOB, R/O. JANAMATTI, TQ: BILAGI, NOW R/O. SECTOR NO.50 AND 63 SOUTH SIDE, PLOT NO.153, A MODEL, NAVANAGAR, BAGALKOT-587 103. …PETITIONER (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: 1. THE COMMISSIONER (R & R) UPPER KRISHNA PROJECT (UKP), NAVANAGAR, BAGALKOT-587101. 2. THE CHIEF ENGINEER, BAGALKOT TOWN DEVELOPMENT AUTHORITY (BTDA), NAVANAGAR, BAGALKOT - 587 101. 3. THE REHABILITATION OFFICER, BAGALKOT TOWN DEVELOPMENT AUTHORITY (BTDA), NAVANAGAR, BAGALKOT-587101. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1; SRI. SANJAY CHANAL, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO i. ISSUE A WRIT, OR DIRECTION OR ORDER IN THE NATURE OF CERTIORARI BY QUASHING THE ANNEXURE-L DATED 15.02.2025 VIDE ORDER BEARING KRA.SAM:PU.A:BAA.PA.A.PRA:SI.AAR:2024-25/2787, PASSED BY THE RESPONDENT NO.3. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8233 WP No. 103799 of 2025 ii. ISSUE A WRIT, OR DIRECTION OR ORDER IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 AND 3 TO ISSUE THE NOC TO SALE THE PROPERTY. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. This petition is filed by the petitioner, who is a physically handicap person working in HESCOM, Bagalkot. She purchased a plot bearing No.153, Unit No.1, Sector Nos.50 and 63 south, ‘A’ class, Navanagar, Bagalkot, in the auction sale for a sum of Rs.19,00,000/-. Thereafter, she has been residing in the property by constructing a house. She obtained loan for construction of the house and now due to financial constraint, difficulties and the handicap of the petitioner, added to the woes, has become difficult for her to repay the loan and she has a daughter aged 5 years and thereby she is financially constraint to take care of the daughter and herself thereby making it difficult for her to repay the loan. - 3 - HC-KAR NC: 2025:KHC-D:8233 WP No. 103799 of 2025 2. In view of her financial constraint, she made a request to respondent Nos.2 and 3 to sell the house. An application was submitted on 24.01.2025. Respondent No.3 on receipt of the application issued an endorsement dated 15.02.2025 stating that the petitioner cannot alienate the property to 3rd parties in view of the condition stipulated therein. Hence, the petitioner being aggrieved by the same, is before this Court contending that respondent No.3 ought to have considered the representation positively and should have permitted the petitioner to sell the plot considering her financial constraint. It is also contended that it has become very difficult financially and mentally depressing for the petitioner to meet the ends. Hence, she intends to sell the house to take care of herself and the minor child. It is also contended by the learned counsel for the petitioner that as per the Bagalkot Town Development Authority (Allotment of Sites) Rules 1993 (hereinafter referred to as ‘the BTDA Rules), if there is insolvency or suffering from economic or financial crisis, the property may be sold with the permission of the authorities. This aspect has not been considered by - 4 - HC-KAR NC: 2025:KHC-D:8233 WP No. 103799 of 2025 the respondents and has mechanically issued the endorsement rejecting the application of the petitioner to sell the property. Hence, the petitioner is before this Court. 3. Learned HCGP representing the respondents- Authorities contends that if a fresh representation is made along with the financial dues and loan obtained by the petitioner including her difficulties and financial constraints, the same would be considered in accordance with law taking into consideration Rule 10 of the BTDA Rules within a reasonable time. 4. Under the circumstances, in view of the submissions so made by the learned counsel for the respondents, I pass the following order: This petition is disposed of. The petitioner is directed to furnish and provide the details of the loan and financial constraint encountered, to the respondent-authorities within a week’s from the date of receipt of copy of this order. The respondents shall consider the representation/application by - 5 - HC-KAR NC: 2025:KHC-D:8233 WP No. 103799 of 2025 taking a sympathetic and lenient view including taking into consideration Rule 10 of the BTDA Rules. The application of the petitioner shall be considered leniently. The entire exercise shall be completed within a period of three weeks from the date of submission of the application of the petitioner. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK