- 1 - HC-KAR NC: 2025:KHC:45786 WP No. 21975 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.21975 OF 2025 (LA-BDA) BETWEEN: SRI REVANNA A.G. S/O LATE GANGA REVAIAH K.R., AGED ABOUT 51 YEARS, R/AT NO.922, 12TH MAIN ROAD, SRINIVASANAGARA, BANK COLONY, BSK 1ST STAGE, BANGALORE-560 050. …PETITIONER (BY SMT. SUPRITHA K.H., ADVOCATE) AND: 1. THE COMMISSIONER THE BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. REP. BY ITS COMMISSIONER. 2. THE DEPUTY SECRETARY-1 THE BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. 3. THE LAND ACQUISITION OFFICER THE BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. …RESPONDENTS (BY SRI KARTHIKEYAN B.S., ADVOCATE FOR R-1 TO R-3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45786 WP No. 21975 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 31-12-2025, VIDE ANNEXURE-R TO ALLOT AN ALTERNATIVE SITE BEARING NO.2476, SITUATED AT BANASHANKARI 3RD BLOCK, 6TH STAGE, MEASURING 9 X 12 METERS; DIRECT THE RESPONDENTS TO IMPLEMENT THE ORDER DATED 31-12-2010 VIDE ANNEXURE-H PASSED BY THE 3RD RESPONDENT. 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 The petitioner has approached this Court seeking a writ of mandamus directing the respondents to consider the petitioner’s representation dated 31.12.2025 (Annexure-R), to allot an alternative site bearing No.2476, situated at Banashankari, 3rd Block, 6th stage, measuring 9x12 meters. Brief facts: 2. The petitioner's father had purchased revenue site bearing Nos.59 and 60, formed in Sy.No.46/1, katha No.248, Khaneshkumari No.332, measuring 60x40 feet, totally measuring 2,400 square feet. The respondents - 3 - HC-KAR NC: 2025:KHC:45786 WP No. 21975 of 2025 issued preliminary notification on 08.04.2003 for acquiring the revenue sites for the formation of Sir M. Visvesvaraya layout. 3. In the case of Junjamma and Others Vs. The Bangalore Development Authority, Rep by its Commissioner, BDA1 (Junjamma), this Court made certain observations in concerning the landowners similarly placed. Pursuant thereto, the petitioner's father filed an application on 05.02.2004 seeking allotment of an alternative sites. In response, the respondents through an order on 31.12.2010, held that the petitioner’s father was entitled to an alternative site measuring 30x40 feet in lieu of his revenue sites. 4. Learned counsel for the petitioner submits that respondent No.3 after due enquiry and consideration by the Committee, passed an order on 31.12.2010 recognizing the petitioner father’s entitlement of an 1 ILR 2005 KAR 608 - 4 - HC-KAR NC: 2025:KHC:45786 WP No. 21975 of 2025 alternative site. Despite such order, no steps have been taken to allot the same. 5. The petitioner therefore, submitted a representation requesting allotment of alternative site bearing number 2476, measuring 30x40 in Sir M. Visvesvaraya layout. It is submitted that the said site has been allotted to a third party, and thus the respondents be directed to allot alternative site in favour of the petitioner in light of the revenue site bearing Nos.59 and 60 of equivalent measurement. 6. Per contra, learned counsel for the Bengaluru Development Authority (BDA) submits that in light of the non-availability of the site bearing No.2476, the respondent-BDA would consider the petitioner’s representation and allot an alternative site of similar measurement in Sir M. Visvesvaraya layout within a reasonable time. - 5 - HC-KAR NC: 2025:KHC:45786 WP No. 21975 of 2025 7. Learned counsel for the petitioner further submits that site No.1260, II block in Sir M. Visvesvaraya layout, is available for allotment and prays for direction to allot the said site to the petitioner. 8. Having heard the learned counsel on both sides and taking note that the petitioner’s father had applied for an alternative site as far back as on 05.02.2004, and that the Committee had already unanimously taken decision to allot an alternative site in lieu of the revenue site, this Court finds that the said representation has remained pending since 2004 for an inordinate period without any action from the respondents, thereby, compelling the petitioner to approach this Court seeking a writ of mandamus. 9. In facts and circumstance, this Court deems it appropriate to issue the following direction. Accordingly, this Court pass the following: - 6 - HC-KAR NC: 2025:KHC:45786 WP No. 21975 of 2025 ORDER i. The writ petition is disposed of. ii. Respondent Nos.1 and 2 are directed to consider the petitioner’s representation for allotment of alternative site in favour of the petitioner preferably site No.1260, II block in Sir M. Visvesvaraya layout, if available, free from encumbrances. iii. In the event the said site is unavailable, respondent Nos.1 and 2 shall allot a site of equal dimensions in the same layout to the petitioner. iv. The entire process of consideration and allotment shall be done within a period of three months from the date of the receipt of the copy of this order. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 11