- 1 - HC-KAR NC: 2025:KHC:51217 WP No. 22704 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 22704 OF 2024 (BDA) BETWEEN: SRI. GANAPATHI S. BHAT S/O SRI SUBRAYA V BHAT, AGED ABOUT 71 YEARS, R/AT NO. 65/A, 6TH CROSS ROAD, OPPOSITE OM SHAKTHI TEMPLE, ESCORTS AND GOETZE LAYOUT, ATTUR LAYOUT, YELAHANKA, BENGALURU - 560 064. …PETITIONER (BY SRI. BHAT GANAPATHY NARAYAN (GANAPATHY BHAT)., ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK (WEST) BENGALURU - 560 020. 2. THE DEPUTY SECRETARY -3 BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK (WEST) BENGALURU - 560 020. 3. SRI A JEEVENDRA KUMAR S/O LATE APPANA GOWDA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51217 WP No. 22704 of 2024 AGED ABOUT 65 YEARS, R/AT NO. 529, 6TH MAIN, K N EXTENSION, YASHWANTHPURA, BENGALURU- 560 022. 4. SRI A MAHENDRA KUMAR S/O LATE APPANNA GOWDA, AGED ABOUT 63 YEARS, R/AT NO. 529, 6TH MAIN, K N EXTENSION, YASHWANTHPURA, BENGALURU- 560 022. 5. SRI B RAMANJANEYULU S/O LATE B NARASAIAH SHETTY, AGED ABOUT 75 YEARS, R/AT NO. 325, 41ST CROSS, 2ND MAIN, JAYANAGAR, 8TH BLOCK, BENGALURU- 560 070 …RESPONDENTS (BY SRI. B VACHAN., ADVOCATE FOR R1 AND R2; SRI. H MANJUNATHA, ADVOCATE FOR R5; R3 AND R4, SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AUTHORITY TO QUASH THE IMPUGNED ENDORSEMENT DTD. 24.05.2024 BEARING SI.NO. BE.AA.PRA/U.KR-3/2669/2024-25 ISSUED BY THE R-2 AS PER ANNX-M., AND ETC. 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 - 3 - HC-KAR NC: 2025:KHC:51217 WP No. 22704 of 2024 ORAL ORDER The petitioner has approached this Court seeking for the following reliefs: "Issue a Writ of Certiorari or any appropriate order by directing the 1st respondent authority to quash the impugned Endorsement dated 24.05.2024, bearing Sl.No.BE.AA.PRA/U.KR-3/2669/2024-25, issued by the respondent No.2, as per Annexure M, in the interest of justice and equity. Issue a Writ of Certiorari or any appropriate order by directing the 1st respondent authority to quash the impugned Allotment Letter dated 27.12.2013, bearing Sl.No.U.KR- 3/1340/Arkavathi/7/Survey No.53/1: 2013-14, issued by the respondent No.2, as per Annexure-F AND impugned Sale Deed dated 21.01.2014 executed by the 1st respondent authority in favour of respondent No.3 and 4, registered as Document No.2926/2013-14, as per Annexure G AND impugned Possession Certificate dated 22.01.2014, bearing Sl.No.1327, issued by the respondent No.2, as per Annexure HAND impugned Katha Certificate dated 03.02.2014, bearing Sl.No.BE.AA.PRA/KO.AA.PRA/Arkavathi/1340/2013- - 4 - HC-KAR NC: 2025:KHC:51217 WP No. 22704 of 2024 14, issued by the respondent No.2, as per Annexure J, in the interest of justice and equity. Issue a Writ of Certiorari or any appropriate order by directing the 1st respondent authority to quash the impugned Sale Deed dated 10.03.2014 executed by the respondent No.3 and 4 in favour of the respondent No.5, registered as Document No.4568/2013-14, as per Annexure K AND impugned Katha Certificate dated 04.04.2014, bearing SI.No.BE.AA.PRA/KO.AA.PRA/Arkavathi/1340/2013- 14, in the name of the respondent No.5, issued by the respondent No.2, as per Annexure - L, in the interest of justice and equity. Grant such other and further reliefs as this Hon'ble Court deems fit and necessary to be grant under circumstances of the above Writ Petition, in the interest of justice and equity." 2. Heard the learned counsel for the petitioner, Sri. B.Vachan, learned counsel for respondent Nos.1 and 2 and Sri. H.Manjuntha, learned counsel for respondent No.5. - 5 - HC-KAR NC: 2025:KHC:51217 WP No. 22704 of 2024 3. The undisputed facts reveal that petitioner was allotted the site No.1340 measuring 108.00 Sq. mtrs., situated at VII Block, Arkavathy Layout, Bengaluru (for short 'the site') under allotment letter dated 24.06.2006 (Annexure-A). Pursuant thereto, lease-cum-sale agreement was executed, possession certificate was issued and khatha was entered in the name of the petitioner. 4. While such allotment in favour of the petitioner continue to subsist, respondent Nos.1 and 2 proceeded to allot the very same site in favour of respondent Nos.3 and 4 under allotment letter dated 27.12.2013 and executed a sale deed on 21.01.2014 followed by issuance of possession certificate and katha. Respondent Nos.3 and 4, thereafter executed a sale deed in favour of respondent No.5 on 10.03.2014. Subsequently, the impugned endorsement dated 24.05.2024 (Annexure-M) came to be issued stating that the petitioner's allotment stood - 6 - HC-KAR NC: 2025:KHC:51217 WP No. 22704 of 2024 cancelled on account of execution of sale deed in favour of respondent Nos.3 and 4. 5. Learned counsel for the petitioner fairly submits that though the petitioner is allottee of the year 2006, he is not pressing for cancellation of the sale deed at this stage, but seeks allotment of an alternative site of the same dimension particularly, site No.1178 in IInd Block, Arkavathy Layout which is very much available. In support of the said submission, reliance is placed on the memo and affidavit filed by the Commissioner, BDA, indicating availability of the same site. 6. Per contra, learned counsel appearing for the respondent-BDA submits that, respondent Nos.3 and 4 are land losers and the allotment was made in their favour in compliance with the directions issued by the Apex Court in respect of Arkavathy Layout. It is submitted that site No.1178 is required for allotment to land losers and cannot be diverted. - 7 - HC-KAR NC: 2025:KHC:51217 WP No. 22704 of 2024 7. Learned counsel appearing for respondent No.5 submits that he is a bonafide purchaser and any challenge to the sale deed would have to be before the competent Civil Court under Section 31 of the Specific Relief Act, 1963. 8. This Court has carefully considered the rival contentions urged by the learned counsel for the parties and perused the material on record. 9. Indisputably, the petitioner is an allottee of the year 2006 and his allotment had not been cancelled prior to the allotment made in favour of respondent Nos.3 and 4 in the year 2013. The petitioner therefore, stands on a better footing as a prior allottee. However, having regard to the fact that sale deeds have already been executed and third party rights have intervened, and considering the limited relief now sought, this Court is of the view that the ends of justice would be met by directing allotment of an alternative site of the same dimension. The availability - 8 - HC-KAR NC: 2025:KHC:51217 WP No. 22704 of 2024 of site No.1178, 11th Block, Arkavathy Layout, measuring 9x12 mtrs is borne out from the affidavit of the Commissioner, BDA. In the circumstances the petitioner is entitled to allotment of the said alternative site on the same terms and conditions applicable to the allotment of the year 2006. Accordingly, this Court pass the following: ORDER i) The writ petition is allowed in-part. ii) The impugned endorsement dated 24.05.2024 (Annexure-M) issued by respondent No.2 is hereby quashed. iii) The respondent-BDA is directed to allot the site No.1178, 11th Block, Arkavathy Layout measuring 9x12 metres in favour of the petitioner without demanding any additional amount treating the allotment as - 9 - HC-KAR NC: 2025:KHC:51217 WP No. 22704 of 2024 relatable to the allotment made in the year 2006. iv) The aforesaid exercise shall be completed within a period of three(3) months from the date of receipt of a certified copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 17