- 1 - HC-KAR NC: 2025:KHC:40667 WP No. 6044 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.6044 OF 2025 (BDA) BETWEEN: SRI SHEKAR .M S/O LATE MUNIYAPPA, AGED ABOUT 49 YEARS, R/AT NO.1265, 4TH CROSS, ‘E’ BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU-560 010. …PETITIONER (BY SRI SUNDARESH H.C., ADVOCATE) AND: 1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH RAOD, BANGALORE-560 020. 2. DEPUTY SECRETARY-IV, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE-560 020. 3. THE SUB REGISTRAR, OFFICE OF ADDITIONAL SUB REGISTRAR, BENGALURU URBAN DISTRICT, BDA COMPLEX, KUMARA PARK WEST, T.CHOWDAIAH ROAD, BANGALORE-560 020. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40667 WP No. 6044 of 2025 4. KALPANA SHIVAPRAKASH LATE M.P. SHIVAPRAKASH, AGED ABOUT __ YEARS, R/AT NO.107, 7TH CROSS, LOWER PALACE ARCADE, GUTTAHALLI, MALLESHWARAM, BENGALURU-560003. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-3; SRI SACHIN B.S., ADVOCATE FOR R-1 & R-2; SRI C. ANANTHA KUMAR, ADVOCATE FOR R-4) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 11.02.2025 AS PER ANNEXURE-L TO ENTER THE CANCELLATION OF SITE BEARING NO.4C-307, MEASURING 30 X 40 SITUATED AT OLD MADRAS AND BANASWADI ROAD (OMBR) LAYOUT EXECUTED IN FAVOUR OF M.P. SHIVAPRAKASH IN THE REGISTER MAINTAINED BY THEM IN BOOK NO.1, DOCUMENT NO.BDA-1-02057-2009-10, CD NO.BDAD152, DATED 29.10.2009 AND ALSO TO ENTER THE CANCELLATION OF THE SITE IN THE ENCUMBRANCE CERTIFICATE MAINTAINED BY THEM AS PER THE ORDER ISSUED BY THE R-1 BEARING NO.BDA/COMMISSIONER/___/24-25, DATED: NIL AS PER ANNEXURE-‘K’. THIS PETITION COMING ON FOR HEARING – INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:40667 WP No. 6044 of 2025 ORAL ORDER Learned AGA accepts notice for respondent No.3. 2. Heard the learned counsel for the petitioner, learned counsel for respondent Nos.1 and 2 and learned AGA for respondent No.3. 3. The petitioner has approached this Court seeking a writ of mandamus directing respondent No.3- Sub-Registrar to consider the representation dated 11.02.2025 filed by the petitioner at Annexure-L and to enter the cancellation of site No.4C-307, measuring 30 x 40 feet, situated at Old Madras and Banaswadi Road (OMBR) Layout, executed in favour of M.P. Shivaprakash, in the register maintained by the Sub-Registrar and to reflect the same in the encumbrance certificate, in view of the cancellation order passed by respondent No.1-BDA. Brief facts: 4. The property bearing Site No.4C-307, measuring 30 x 40 feet, situated at Old Madras and - 4 - HC-KAR NC: 2025:KHC:40667 WP No. 6044 of 2025 Banaswadi Road (OMBR) Layout (‘petition property’ for short), was originally allotted in favour of the petitioner’s vendor, namely, L. Devikarani by the Bangalore Development Authority (BDA) through allotment letter dated 24.10.2007. The petitioner purchased the said property from L. Devikarani under a registered sale deed dated 22.02.2008, and the katha was duly transferred to his name. The petitioner has since been in possession of the property. 5. It is the case of the petitioner that, due to inadvertence, the BDA again allotted the very same site to M.P. Shivaprakash (respondent No.4) under a lease-cum- sale agreement dated 28.10.2009. Upon realizing that an earlier sale deed had already been executed in favour of petitioner’s vendor, respondent No.4 approached the BDA for allotment of an alternative site in his favour. The petitioner, on the other hand, filed W.P. No.17912/2024 before this Court seeking cancellation of the lease-cum- sale agreement executed in favour of respondent No.4. In - 5 - HC-KAR NC: 2025:KHC:40667 WP No. 6044 of 2025 the said writ petition, the BDA submitted that it had already taken steps to cancel the lease-cum-sale agreement executed in favour of respondent No.4 and to allot an alternative site to him. It was also stated that the petitioner’s representation would be considered in accordance with law. Accordingly, the writ petition was disposed of with a direction to the BDA to consider the petitioner’s representation. 6. Pursuant to the said direction, respondent No.1- BDA has passed the order (Annexure-K) withdrawing the allotment of the petition property in favour of respondent No.4 and directed respondent No.3-Sub Registrar to enter the cancellation of the site in the register maintained by his office. The operative portion of the order reads as under: “¥Àæ¸ÁÛªÀ£ÉAiÀÄ°è «ªÀj¹gÀĪÀAvÉ ²æêÀÄw J¯ï. zÉëPÀ gÁt gÀªÀjUÉ N.JA.©.Dgï §qÁªÀuÉAiÀÄ°è£À ¤ªÉñÀ£À ¸ÀASÉåB4¹- 307 C£ÀÄß ¢£ÁAPÀB24.10.2007 gÀAzÀÄ ºÀAaPÉ ªÀiÁr, ¸ÀzÀj ¤ªÉñÀ£ÀzÀ ±ÀÄzÀÞPÀæAiÀÄ ¥ÀvÀæªÀ£ÀÄß ¢£ÁAPÀB28.11.2007 gÀAzÀÄ - 6 - HC-KAR NC: 2025:KHC:40667 WP No. 6044 of 2025 £ÉÆÃAzÁ¬Ä¹ ¤ÃrgÀĪÀÅzÀjAzÀ, ²æêÀÄw J¯ï. zÉëPÀ gÁt gÀªÀjAzÀ ¤ªÉñÀ£ÀªÀ£ÀÄß Rjâ¹gÀĪÀ ²æà ±ÉÃRgï gÀªÀgÀ ºÉ¸Àj£À°è ¸ÀzÀj ¤ªÉñÀ£ÀzÀ ºÀAaPÉAiÀÄ£ÀÄß ¹ÜjÃPÀj¸À¯ÁVzÉ ºÁUÀÆ SÁvÁ C£ÀÄß CªÀgÀ ºÉ¸Àj£À°è ªÀÄÄAzÀĪÀgɸÀvÀPÀÌzÁVzÉAiÉÄAzÀÄ ¤zÉÃð²¹zÉ. ²æà JA.¦. ²ªÀ¥ÀæPÁ±ï EªÀjUÉ N.JA.©.Dgï §qÁªÀuÉAiÀÄ°è£À ¤ªÉñÀ£À ¸ÀASÉåB4¹-307 C£ÀÄß ¢£ÁAPÀB14.08.2009 gÀAzÀÄ ºÀAaPÉ ªÀiÁrgÀĪÀÅzÀ£ÀÄß »A¥ÀqÉAiÀįÁVzÉ ºÁUÀÆ vÀvÀàjuÁªÀĪÁV C¢üPÀ f¯Áè £ÉÆÃAzÀuÁ¢üPÁj, ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ f¯Éè EªÀgÀ PÀZÉÃjAiÀÄ°è 1£Éà ¥ÀŸÀÛPÀzÀ zÀ¸ÁÛªÉÃdÄ £ÀA§gïBBDA-1-02057-2009-10 DV ¹.r. £ÀA§gïBBDAD152 £ÉÃzÀÝgÀ°è ¢£ÁAPÀB29.10.2009 gÀ «ªÀgÀUÀ¼À£ÀÄß ¸ÀA§A¢üvÀ zÁR¯ÉUÀ¼ÀÄ ªÀÄvÀÄÛ RÄt¨sÁgÀ ¥ÀvÀæzÀ°è ¸ÀzÀj ¤ªÉñÀ£ÀzÀ ºÀAaPÉAiÀÄ£ÀÄß »A¥ÀqÉ¢gÀĪÀ ºÁUÀÆ ªÀ»ªÁlÄ ¤§ð£À¢ü¸À¯ÁVzÉAiÉÄA§ «ªÀgÀUÀ¼À£ÀÄß zÁR°¸À®Ä PÀæªÀĪÀ»¸ÀvÀPÀÌzÉÝAzÀÄ DzÉò¹zÉ.” 7. Learned counsel for the petitioner submits that despite the said order and repeated representation, respondent No.3 has not acted upon the BDA’s direction to record the cancellation of the site and to reflect the same in the encumbrance certificate. - 7 - HC-KAR NC: 2025:KHC:40667 WP No. 6044 of 2025 8. Learned counsel for BDA submits that, in view of the cancellation order at Annexure-K, necessary directions have already been issued to respondent No.3 to carry out the required corrections in the records. 9. Learned AGA appearing for respondent No.3 fairly submits that the representation of the petitioner will be considered in light of the BDA’s cancellation order (Annexure-K) and necessary entries will be made in the records. 10. Submission of the learned AGA is recorded. 11. In view of the cancellation of the lease-cum- sale agreement executed in favour of respondent No.4, and in light of the BDA’s direction to respondent No.3 to enter the cancellation of the site in the register maintained in Book No.I dated 29.10.2009 and to reflect the same in the encumbrance certificate, respondent No.3 is required to act accordingly and this Court pass the following: - 8 - HC-KAR NC: 2025:KHC:40667 WP No. 6044 of 2025 ORDER i. The writ petition is allowed. ii. Respondent No.3-Sub-Registrar is directed to enter the cancellation of site No.4C-307 measuring 30 x 40 feet, situated at OMBR Layout executed in favour of M.P. Shivaprakash, in the register maintained in Book No.I, and to make corresponding entries in the encumbrance certificate, in accordance with the BDA’s order at Annexure-K within a period of eight weeks from the date of receipt of a certified copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 41