- 1 - HC-KAR NC: 2025:KHC:49564 WP No. 11064 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 11064 OF 2025 (BDA) BETWEEN: SRI SHIVARAJU S S/O. SUNDARA SHETTY, AGED ABOUT 34 YEARS, R/AT. NO.398, 5TH CROSS, 13TH MAIN ROAD, SHRIGANDHADAKAVALU, 'D' GROUP LAYOUT, BENGALURU- 560 091. …PETITIONER (BY SRI. VASANTH KUMAR H T., ADVOCATE) AND: 1. THE BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALULRU-560 020. REPTD. BY ITS COMMISSIONER WEST SUB-DIVISION 2. THE EXECUTIVE ENGINEER BDA INDRAPRASTHA BUILDERS WORKSPACE OFFICE HARSHA LAYOUT KENGERI SATELLITE TOWN BENGALURU-560 060. 3. THE ENGINEER MEMBER BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALULRU-560 020. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49564 WP No. 11064 of 2025 4. THE FINANCE MEMBER BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALULRU-560 020 5. SRI. JAYAKUMAR B. M. S/O. FATHERS NAME NOT KNOWN AGED ABOUT MAJOR R/AT. NO.105, 4TH MAIN HVR LAYOUT, NEAR HVR KALYAN MANTAP BENGALURU - 560 079. …RESPONDENTS (BY SRI. GOWTHAMDEV C.ULLAL., ADVOCATE FOR R1 TO R4; NOTICE TO R5 IS SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ANNEXURE - M IN VIDE NO.BDA/EM/E-AUCTION/T-09/2024-25 DATED 18-01-2025 PUBLISHED IN THE WEBSITE- HTTPS/KPPP.KARNATAKA.GOV.IN ISSUED BY THE RESPONDENTS AND ETC. 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 for the following prayers: "a. Issue a Writ of certiorari quashing the Annexure-M in vide No.BDA/EM/e-Auction/T- 09/2024-25 dated 18-01-2025 published in the Website:https://kppp.karnataka.gov.in issued by the Respondents. - 3 - HC-KAR NC: 2025:KHC:49564 WP No. 11064 of 2025 b. Issue a writ of mandamus direction the Respondents to consider the representation dated 19-03-2025 vide Annexure-K filed by the petitioner for allowing adjacent marginal site bearing No.1632/A to an extent 370 Sqft. c. Issue a writ of mandamus directing the Respondents considering the representation dated 21-03-2025 vide Annexure-N filed by the Petitioner. d. Grant such other reliefs which deem to be fit under the facts and circumstances of the case in the interest of justice and equity." 2. Insofar as prayer No.(a) is concerned, the learned counsel for the respondents has placed before this Court a memo along with records pertaining to the auction of site No.1633/A pursuant to the notification dated 18.01.2025 (Annexure-M). It is submitted that the e-auction has been withdrawn and the respondent-BDA has resolved to refund the consideration to the successful bidder. 3. The said submission and the memo are taken on record. - 4 - HC-KAR NC: 2025:KHC:49564 WP No. 11064 of 2025 4. In view of the above development, prayer No.(a) does not survive for consideration and rendered infructuous. 5. With respect to prayer No.(b), the petitioner seeks direction to the respondent-BDA to consider the representation dated 19.03.2025 (Annexure-K) relating to the request for allotment of the marginal site bearing No.1632/A to an extent of 370 Sqft. 6. Learned counsel for the respondents submits that the petitioner's representation dated 19.03.2025 (Annexure-K) shall be considered in accordance with law within a time bound manner. 7. Without expressing any opinion on the merits or demerits of the petitioner's claim, the grievance of the petitioner would stand redressed, if necessary direction is issued to the respondents to consider the same in accordance with law. Accordingly, this Court pass the following: - 5 - HC-KAR NC: 2025:KHC:49564 WP No. 11064 of 2025 ORDER i) The writ petition is disposed of. ii) Respondent No.1-BDA is directed to consider the petitioner's representation dated 19.03.2024 (Annexure-K) and to pass appropriate orders in accordance with law, within an outer limit of eight(8) weeks from the date of receipt of a certified copy of this order. iii) All contentions of the parties are kept open. SD/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 2