- 1 - HC-KAR NC: 2025:KHC:49191 WP No. 19890 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.19890 OF 2024 (BDA) BETWEEN: SRI CHINNA NARAYANASWAMY S/O LATE PATEL SHETTAPPA, AGED ABOUT 84 YEARS, R/AT NO.10, AKKUPET, WARD NO.23, PATEL SHETTAPPA FARM, DEVANAHALLI, BENGALURU RURAL DISTRICT-562110. …PETITIONER (BY SRI NATARAJ H.T., ADVOCATE) AND: 1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMAR PARK WEST, BENGALURU-560020. 2. THE DEPUTY SECRETARY, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMAR PARK WEST, BENGALURU-560020. 3. SMT. AGNES RANI W/O LATE K. KANIKARAJ, MAJOR IN AGE, NO.472, 16TH CROSS ROAD, H.A.L. 2ND STAGE, BENGALURU-560075. …RESPONDENTS (BY SRI K. KRISHNA, ADVOCATE FOR R-1 & R-2; SRI VASANTH V. FERNANDES, ADVOCATE FOR SRI BHAKTAVACHALA, ADVOCATE FOR R-3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49191 WP No. 19890 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.1 & 2 TO RESTORE THE POSSESSION IN RESPECT OF SITE NO.472 AS DETAILED IN THE SCHEDULE FORTHWITH WITHOUT ANY DELAY, AND ALSO TO DIRECT THE RESPONDENT NOS.1 & 2 TO IMPLEMENT THE ORDER DATED 19.12.2014 PASSED IN W.P.NO.13050/2014 (BDA) AS PER ANNEXURE-B IN FAVOUR OF THE PETITIONER. 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 ORAL ORDER The petitioner has approached this Court seeking a writ of mandamus directing respondent Nos. 1 and 2 to restore the possession of site No. 472 situated at Anandapura Slum, HAL 3rd Stage, Extension measuring East to West 6.09 meters and North to South 7.92 meters and further directing the respondents No. 1 and 2 to implement the order dated 19.12.2014 passed in W.P.13050/2014. BRIEF FACTS 2. One Smt. Mehaboob was allotted site No. 472 by the erstwhile City Improvement Trust Board followed by delivery of possession, thereby vesting full ownership in - 3 - HC-KAR NC: 2025:KHC:49191 WP No. 19890 of 2024 respect of the said site. Subsequently, Smt. Mehaboob sold the site in favour of the petitioner’s wife, Smt. Jayalakshmi, under the registered sale deed dated 22.09.1993. 3. Respondent Nos. 1 and 2 cancelled the sale deed executed in favour of Mehaboob. Feeling aggrieved, the petitioner preferred W.P.Nos.47184/2011 and 47185/2011 and this Court allowed the Writ Petitions and quashed the orders of cancellation relating to allotments, lease-cum- sale deeds and the absolute sale deeds in favour of the vendors in title of the petitioner. The petitioner had preferred W.P.No.13049/2014 along with connected petitions seeking restoration of the possession of another site No. 473. A coordinate Bench of this Court, after considering the matter, held at para Nos. 19, 20, and 21 as under : ”19. Invoking extraordinary jurisdiction under Article 226 of the Constitution of India also warrants party so invoking to be vigilant about his rights and is expected to approach the Court within - 4 - HC-KAR NC: 2025:KHC:49191 WP No. 19890 of 2024 reasonable time from the time of alleged breach or abridgement of his statutory/constitutional rights. No explanation of any nature whatsoever is provided in the writ petitions except stating at paragraph 25 that the petitioner was suffering from ailments such as Bypass Surgery and Hepatitis-B. No details are provided in this regard either. 20. As already noted the act of the respondent -BDA though cannot be condoned for its unilateral action of cancellation, at the same time the third party rights that were created by virtue of the said act vesting properties in favour of the private respondents who in turn had invested their money and they residing therein also cannot be ignored. 21. However, as submitted by the respondent-BDA they have identified two plots bearing Nos.349 and 350 formed in Sy.No.108 of Kenchanapura Village in Nadaprabhu Kempegowda Layout measuring 20 X30 ft. each which are larger in extent than the subject property, though the petitioner himself being the husband of subsequent purchaser had kept quiet for more than a decade and only thereafter has approached this Court by filing these writ petitions which otherwise suffer delay and laches, to meet the ends of justice and - 5 - HC-KAR NC: 2025:KHC:49191 WP No. 19890 of 2024 equity between the parties, this Court deems fit to dispose these writ petitions with the following direction: ORDER Respondent-BDA shall allot the sites bearing Nos.349 and 350 each measuring 20ftX30ft forming part of Sy.No.108, Kenchanapura Village in Nadaprabhu Kempegowda layout in favour of the petitioner as alternate to the sites which have been allotted to the private respondents as above and execute necessary deeds of conveyance and complete such other formalities within an outer limit of three months from the date of receipt of certified copy of this order.” 4. The coordinate Bench directed allotment of alternative sites bearing Nos. 349 and 350 each measuring 20 feet x 30 feet forming part of Sy. No. 108, Kenchanapura Village in Nadaprabhu Kempegowda Layout in favour of the petitioner, and execute all consequential conveyance deeds and formalities within an outer limit of three months from the date of receipt of certified copy of the order. - 6 - HC-KAR NC: 2025:KHC:49191 WP No. 19890 of 2024 5. In view of the categorical directions issued by the co-ordinate Bench in W.P.13050/2014 and connected matters directing BDA to allot alternative sites to the petitioner, the present writ petition seeking restoration of possession of site No.472 or implementation of the earlier order does not survive for further consideration. Accordingly, the Writ Petition stands disposed of. Sd/- ______________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 33