- 1 - HC-KAR NC: 2025:KHC:43005 WP No. 24623 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.24623 OF 2025 (BDA) BETWEEN: SRI M. SURESH S/O MADAIAH, AGED ABOUT 47 YEARS, R/AT NO.27, CHIKKEGOWDANAPALYA, TALAGHATTAPURA POST, BENGALURU-560062. …PETITIONER (BY SRI SUNDARESH H.C., ADVOCATE) AND: 1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE-560020. 2. DEPUTY SECRETARY-IV, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE-560020. …RESPONDENTS (BY SRI C. VENKATESH, ADVOCATE FOR R-1 & R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATIONS FILED BY THE PETITIONER DATED 22-11-2024 AND 01-07-2025 AS PER ANNEXURE-F AND F1 RESPECTIVELY FOR ALLOTMENT OF SITE BEARING NO.2522 AND Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43005 WP No. 24623 of 2025 2523 MEASURING 6 x 9 MTRS EACH SITUATED AT BANASHANKARI 6TH STAGE LAYOUT (FORMED IN SY.NO.89 OF HEMMIGEPURA VILLAGE) AS AN ALTERNATIVE SITE IN LIEU OF SURRENDERING OF SITE BEARING NO.241/Z4 AND 241/Z5 MEASURING 6 x 9 MTRS EACH SITUATED AT HBR 1ST STAGE, 4TH BLOCK LAYOUT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking a writ of mandamus directing the respondents to consider the representations submitted by him dated 22.11.2024 and 01.07.2025 at Annexures-F and F1 respectively for allotment of sites bearing Nos. 2522 and 2523 measuring 6 x 9 meters each situated at Banashankari 6th Stage Layout (formed in Sy. No. 89 of Hemmigepura Village), as alternative sites in lieu of surrendering of sites bearing Nos. 241/Z4 and 241/Z5 measuring 6 x 9 meters each situated at HBR 1st Stage, 4th Block Layout. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. - 3 - HC-KAR NC: 2025:KHC:43005 WP No. 24623 of 2025 3. The respondents-Bengaluru Development Authority (‘BDA’ for short) allotted site bearing Nos. 241/Z4 and 241/Z5 measuring 6 x 9 meters each situated at HBR 1st Stage, 4th Block Layout in favour of petitioner’s vendor under the Incentive Scheme. The petitioner purchased the said sites under a registered sale deed dated 28.08.2020 and has been in possession of the property. However, in the year 2024, the BDA passed an order canceling the allotment of the said sites in favour of the petitioner’s vendor, stating that the allotment was not in accordance with Rule 4 (b) of the Bangalore Development Authority (Incentive Scheme for Voluntary Surrender of Land) Rules, 1989. 4. The petitioner thereafter submitted representations to the respondents, stating that sites bearing Nos. 2522 and 2523 measuring 6 x 9 meters were available for allotment, and requested that the same be allotted as alternate sites in his favour. It is the petitioner’s contention that as per the note sheet of - 4 - HC-KAR NC: 2025:KHC:43005 WP No. 24623 of 2025 respondent No.2, the availability of the said sites was verified and recorded. However, despite a specific report confirming availability, no steps have been taken by the respondents to allot alternative sites to the petitioner. Non-consideration of the petitioner’s representations has compelled the petitioner to approach this Court seeking a writ of mandamus. 5. Per contra, learned counsel for the respondents submits that the petitioner’s representations will be considered by the competent authority within a reasonable time in accordance with law. 6. The said submission is placed on record. 7. The grievance of the petitioner would stand redressed if suitable directions are issued to the respondents to consider the representation keeping in mind the note sheet at Annexure-G. Accordingly, this Court pass the following : - 5 - HC-KAR NC: 2025:KHC:43005 WP No. 24623 of 2025 ORDER (i) Writ Petition is disposed of. (ii) Respondent No.1 is directed to consider the representations of the petitioner at Annexures-F and F1 dated 22.11.2024 and 01.07.2025 keeping in mind the note sheet at Annexure-G, and to pass appropriate orders in accordance with law within an outer limit of three months from the date of receipt of a certified copy of this order. Sd/- ______________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 58