- 1 - HC-KAR NC: 2025:KHC:44444-DB WA No. 281 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 281 OF 2025 (BDA) BETWEEN: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY AN AUTHORITY ESTABLISHED UNDER THE BANGALORE DEVELOPMENT AUTHORITY ACT, 1976, T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560 003 REPRESENTED BY ITS COMMISSIONER 2. THE FINANCE MEMBER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560 003 …APPELLANTS (BY SRI AJAYKUMAR M, ADVOCATE) AND: 1. PAIREE INFOTECH PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 NO.24, 8TH MAIN, R.M.V EXTENSION Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44444-DB WA No. 281 of 2025 BENGALURU-560 080 REP. BY ITS AUTHORIZED DIRECTOR SUNKU BALAJI S/O S VENKATARAMANAPPA 2. STATE OF KARNATAKA REP BY CHIEF SECRETARY VIDHANA SOUDHA DR. AMBEDKAR VEEDI BENGALURU-560 001 …RESPONDENTS (BY SRI SAMPATH A, ADVOCATE FOR C/R-1; SRI M N SUDEV HEGDE, AGA FOR R-2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE ABOVE WRIT APPEAL AND SET ASIDE THE ORDER DATED 16.10.2024 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.7043/2024 AND FURTHER BE PLEASED TO ALLOW THE WRIT PETITION. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:44444-DB WA No. 281 of 2025 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) This writ appeal has been filed impugning the judgment and order dated 16.10.2024 passed by the learned Single in Writ Petition No.7043/2024. 2. The parties are referred to as per their rankings in the writ Court. 3. The petitioner was a successful bidder in respect of Site No.8 situated in the layout formed in Survey No.32 of Devasandra, Bengaluru. The site admeasuring 165 sq.mtrs. (for commercial purposes) was put on auction by the Bangalore Development Authority (BDA) on 30.08.2004. The bid price was Rs.42,40,500/-. The petitioner deposited 25% of the bid amount on the same day i.e., Rs.10,60,200/- and the balance 75% was - 4 - HC-KAR NC: 2025:KHC:44444-DB WA No. 281 of 2025 to be deposited within a period of 90 days thereafter i.e., on 01.12.2004. 4. It appears that there was some litigation pending in respect of the site in question in O.S.No.6459/2004 and the final sale deed could not be executed in favour of the petitioner. The petitioner has not deposited 75% of the balance amount. The said civil suit came to be dismissed on 20.01.2011. 5. After the suit in respect of the site in question got dismissed, the respondent-BDA has issued a communication demanding 18% interest on the balance amount. Earlier, the respondent-BDA did not respond to the request of the petitioner for executing the sale deed in favour of the petitioner. The petitioner has, therefore, filed the aforesaid writ petition in which the impugned judgment and order has been passed directing the respondent-BDA to collect the balance consideration of 75% of the auction amount as specified in the allotment letter dated 30.08.2004, and execute the transfer deed in favour of the petitioner. - 5 - HC-KAR NC: 2025:KHC:44444-DB WA No. 281 of 2025 6. The learned counsel for the respondent-BDA has submitted that the petitioner has enjoyed 75% of the balance consideration for all these years and the petitioner must be directed to pay the interest which the learned Single Judge has failed to take into account. 7. We have considered the submissions and with the consent of the learned counsel for the parties, we dispose of this writ appeal with the following directions: (i) The petitioner has already deposited 75% of the balance amount on 12.11.2024 i.e., Rs.31,80,300/-. The litigation in respect of the said site was over only in the year 2011 and therefore, the petitioner has agreed to deposit 7.5% interest on the balance amount of 75% i.e., Rs.31,80,300/- from 01.02.2011 to 12.11.2024 within period of four weeks. (ii) On making the said deposit by the petitioner, the respondent-BDA shall execute the necessary sale deed in favour of the petitioner and hand over the site free from all encumbrances. - 6 - HC-KAR NC: 2025:KHC:44444-DB WA No. 281 of 2025 8. With the aforesaid directions, we dispose of this writ appeal. In view of disposal of the writ appeal, pending interlocutory applications, if any, stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE BKV List No.: 1 Sl No.: 7