- 1 - HC-KAR NC: 2025:KHC:30012-DB WP No. 20425 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO. 20425 OF 2025 (GM-RES) BETWEEN: SMT. RINI DUTTA, D/O. LATE SUBIR DUTTA, AGED ABOUT 51 YEARS, RESIDING AT ELM A02 SHERWOOD APARTMENTS, BASAVANANAGAR MAIN ROAD, MARATHAHALLI POST, BENGALURU-560 037. …PETITIONER (BY SRI. A. CHANDRACHUD, ADVOCATE) AND: 1. 2. THE SECRETARY, JUSTICE SRI. A. S. BELLUNKE, INQUIRY COMMITTEE, 5TH FLOOR, CAUVERY BHAVAN, KARNATAKA HOUSING BOARD COMPLEX, BENGALURU-560 009. THE COMMISSIONER, KUMARA PARK WEST, BENGALURU DEVELOPMENT AUTHORITY, BENGALURU- 560 020. (AMENDED VIDE COURT ORDER DATED 16.07.2025) …RESPONDENTS Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30012-DB WP No. 20425 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ORDER DATED 28/11/2024 PASSED BY THE HONBLE ENQUIRY COMMITTEE IN ENQUIRY CASE NO.552/2020 AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard learned counsel for the petitioner. 2. The challenge in the instant writ petition is a report of an Enquiry Committee that appears to have been constituted by an order of this Court. In the enquiry report, the learned counsel for the petitioner states that a recommendation has been made to the Bangalore Development Authority to cancel and resume the site allotted to the allottee including the marginal land allotted to him. A recommendation has also been made that the value of the site, which has been deposited by the allottee be refunded to the allottee. - 3 - HC-KAR NC: 2025:KHC:30012-DB WP No. 20425 of 2025 3. A perusal of the enquiry report itself reflects that the direction had been given by this Court to the Bangalore Development Authority to pass appropriate order in each and every case based on the recommendation of the Committee in terms of the directions of this Court. The Committee being constituted in terms of the order of this Court, any observation made by the Committee can only be read as a recommendation in terms of the order of this Court, on which recommendations the Bangalore Development Authority is required to take a decision. No order of the Bangalore Development Authority is under challenge in this instant petition and neither is the counsel in the petition to state whether any order has been passed by the Bangalore Development Authority on the recommendation made by the Committee. The sole contention of the learned counsel is that the report is against a dead person. 4. We have no reason to doubt that the Bangalore Development Authority, shall pass an appropriate order in terms of the directions of this Court that have been referred to in the enquiry report itself. As and when, such an order is - 4 - HC-KAR NC: 2025:KHC:30012-DB WP No. 20425 of 2025 made, it shall be open for the petitioner to seek such legal remedy, as she may be advised. 5. This petition is accordingly disposed off. 6. It shall be open for the petitioner, if so advised, to move a representation before the Bangalore Development Authority, enclosing therewith the death certificate of the allottee. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 12