- 1 - HC-KAR NC: 2025:KHC:45272 WP No. 26521 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.26521 OF 2025 (BDA) BETWEEN: SRI RAJANNA I.K. S/O LATE KARIYAPPA, AGED ABOUT 56 YEARS, NO.627, 2ND G CROSS, 6TH A MAIN, CMR COLLEGE, HRBR LAYOUT, KALYANANAGAR, BENGALURU-560043. …PETITIONER (BY SRI VINOD GOWDA, ADVOCATE) AND: BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. …RESPONDENT (BY SRI GIRISHA N.D., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY ORDER DIRECTING THE RESPONDENT TO ALLOT AS ALTERNATIVE SITE IN NADAPRABHU KEMPE GOWDA LAYOUT SITE BEARING NO.5740, 7TH BLOCK, J SECTOR, SY NO.197 OF BHEEMANAKUPPE VILLAGE, BENGALURU, AS PER ANNEXURE-M; ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 16.08.2025 VIDE ANNEXURE-L. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45272 WP No. 26521 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking a writ of mandamus directing the respondent to allot alternate site in ‘Nadaprabhu Kempe Gowda Layout’ bearing No. 5740, 7th Block, J Sector in Sy. No. 197 of Bheemanakuppe Village, Bengaluru. 2. Heard learned counsel for the petitioner and learned counsel for the respondent. 3. The petitioner was earlier allotted site bearing No. 233, 5th Block, Arkavathi Layout, Bengaluru, on 24.06.2006. The petitioner paid the entire sital value pursuant to which possession certificate and katha was issued in his favour and a lease-cum-sale agreement was executed. The petitioner thereafter sought execution of the absolute sale deed. However, the respondent issued an endorsement stating that the said site falls within the - 3 - HC-KAR NC: 2025:KHC:45272 WP No. 26521 of 2025 Buffer Zone as per order of the National Green Tribunal and therefore, the site is not available for construction. 4. The petitioner subsequently submitted a representation seeking allotment of an alternate site in Arkavathi Layout. As the respondent issued another endorsement stating that no site in Arkavathi Layout was available, the petitioner made a further representation requesting allotment of site bearing No. 5740, J Sector, 7th Block, Nada Prabhu Kempegowda Layout which is stated to be unencumbered. Despite such representations, the respondent-authority has not taken any decision on the petitioner’s request. 5. The learned counsel for the respondent submits that the petitioner’s representation shall be considered in accordance with law. 6. Having regard to the admitted fact that the petitioner was allotted site No. 233, which is now not available due to the Buffer Zone restriction, and - 4 - HC-KAR NC: 2025:KHC:45272 WP No. 26521 of 2025 considering the representation made by the petitioner seeking allotment of alternate site, this Court is of the opinion that the ends of justice would be met if a direction is issued to the respondent to consider the petitioner’s request for alternate allotment. Accordingly, this Court pass the following : ORDER (i) The Writ Petition is disposed of. (ii) The respondent-BDA is directed to allot the petitioner the alternative site in Nada Prabhu Kempe Gowda Layout, i.e., site No. 5740, 7th Block, J Sector in Sy. No. 197, Bheemanakuppe Village, Bengaluru, if the same is free from encumbrances. (iii) In the event the site is not available or not free from encumbrances, only then the respondent would allot another alternate site in Nada Prabhu Kempe Gowda Layout, with similar dimensions, within a period of - 5 - HC-KAR NC: 2025:KHC:45272 WP No. 26521 of 2025 eight weeks from the date of receipt of the certified copy of this order. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 48