- 1 - HC-KAR NC: 2025:KHC:51992 WP No. 36916 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.36916 OF 2025 (BDA) BETWEEN: SRI AMITH KUMAR, S/O SRIDHAR GANIGA, AGED ABOUT 49 YEARS, R/AT NO.771, 2ND MAIN ROAD, KENGERI SATELLITE TOWN, BENGALURU-560060. …PETITIONER (BY SRI DHANUSH M., ADVOCATE) AND: 1. THE BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560020. REPRESENTED BY ITS COMMISSIONER. 2. THE STATE OF KARNATAKA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, M.S BUILDING, BENGALURU-560001. REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI VASANTHA, ADVOCATE FOR R-1; SRI HARISHA A.S., AGA FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO CONSIDER THE APPLICATION DATED 24.05.2025 FILED BY THE PETITIONER UNDER SECTION 38(D) OF THE BANGALORE DEVELOPMENT AUTHORITY ACT AND PASS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51992 WP No. 36916 of 2025 NECESSARY ORDERS FOR THE ALLOTMENT AND REGULARIZATION OF HOUSE SITE NO.8 MEASURING 1500 SQUARE AND HAVING SONNENAHALLI GRAMA KHATA NO.27 KENGERI HOBLI, BENGALURU SOUTH TALUK, WITH BUILDING (ANNEXURE-A). THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Sri Vasantha, learned counsel is directed to accept notice for respondent No.1. 2. Learned Additional Government Advocate accepts notice for respondent No.2. 3. The petitioner has approached this Court seeking a writ of mandamus directing respondent No.1 to consider the application dated 24.05.2025 (Annexure-A) filed under Section 38D of the Bangalore Development Authority (Amendment) Act, 2020 (‘Act, 2020’ for short) and to pass appropriate orders for allotment and regularization of house site No.8, measuring 1500 square meters having Sonnenahalli Grama Katha No.27, Kengeri - 3 - HC-KAR NC: 2025:KHC:51992 WP No. 36916 of 2025 Hobli, Bengaluru South Taluk along with the building standing thereon. 4. Learned counsel for the petitioner submits that the petitioner has been in settled possession of the subject property for more than 12 years prior to the date of the commencement of the Act, 2020. It is contended that Section 38D of the Act, 2020 enables allotment of land by the Bengaluru Development Authority (BDA) in favour of the original owner who has been in such settled possession, and that in view of the matter, the petitioner submitted an application under the said provision. However, the said application not yet been considered till date. 5. Per contra, learned counsel appearing for the BDA submits that the representation submitted by the petitioner shall be considered in accordance with law in a time bound manner. 6. The said submission is recorded. - 4 - HC-KAR NC: 2025:KHC:51992 WP No. 36916 of 2025 7. The grievance of the petitioner would stand redressed if necessary directions are issued to the respondent-authority to consider the application. Accordingly, this Court pass the following: ORDER i. The writ petition is disposed of. ii. The respondents are directed to consider the petitioner's representation (Annexure-A) dated 24.05.2025 filed under Section 38D of the Bangalore Development Authority (Amendment) Act, 2020 and pass appropriate orders within eight weeks from the date of the receipt of the copy of this order. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 17