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2025 DAILYLAW 73093 (KAR)

SMT GEETHA BAI K v. THE BANGALORE DEVELOPMENT AUTHORITY

WP/28952/2025 · 2025-10-31

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43687 WP No. 28952 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.28952 OF 2025 (BDA) BETWEEN: SMT. GEETHA BAI .K W/O. SREENIVASA RAO .S AGED ABOUT 75 YEARS, R/AT NO.A/13, 2ND MAIN ROAD, G.E.F. BLOCK, INDUSTRIAL TOWN, RAJAJINAGAR, BENGALURU-560 020. …PETITIONER (BY SMT. SUPRITHA K.H., ADVOCATE) AND: 1. THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020. REP. BY ITS COMMISSIONER. 2. THE DEPUTY SECRETARY-III THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARAPARK WEST, BANGALORE-560 020. …RESPONDENTS (BY SRI B.S. KARTHIKEYAN, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 15.09.2025 VIDE ANNEXURE-K FOR ALLOTTING AN ALTERNATIVE SITE IN LIEU OF SITE BEARING NO.381 OF ARKAVATHI LAYOUT IN FAVOUR OF THE PETITIONER. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43687 WP No. 28952 of 2025 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 Sri B.S. Karthikeyan, learned counsel is directed to accept notice for respondents. 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. The petitioner was allotted Site No.391, measuring 9 X 12 meters situated at Arkavathi Layout, 5th block, Bengaluru, formed in Sy.No.91 of Tanisandra under an allotment dated 30.12.2005. The petitioner has paid the entire sital amount of `2,26,800/- to the respondents, upon such payment, a lease-cum-sale agreement was executed on 13.09.2006. Subsequently, the respondents issued a possession certificate and katha certificate in favour of the petitioner on 03.06.2008. 4. It is submitted that the landowners had challenged the notification relating to Arkavathi Layout, - 3 - HC-KAR NC: 2025:KHC:43687 WP No. 28952 of 2025 and that the Hon’ble Apex Court restored certain lands forming part of Arkavathi Layout to the landowners, thereby deleting them from the acquisition proceedings. Consequently, the site allotted to the petitioner came to be de-notified. 5. In view of the de-notification, the petitioner submitted a representation seeking allotment of an alternative site in lieu of Site No.391. The grievance of the petitioner is that, despite a resolution having been passed by the respondents to allot alternative sites to those whose sites in Arkavathi Layout were de-notified, no action has been taken on her representation. 6. The learned counsel for the respondents submits that the petitioner’s representation will be duly considered in accordance with law within a reasonable time. 7. Without entering into the merits or demerits of the petitioner’s claim, this Court is of the view that the - 4 - HC-KAR NC: 2025:KHC:43687 WP No. 28952 of 2025 grievance of the petitioner would stand redressed if suitable directions are issued to the respondents to consider the petitioner’s representation in accordance with law. 8. Accordingly, this Court pass the following: ORDER i. The writ petition is disposed of. ii. The respondents are directed to consider the petitioner's representation dated 15.09.2025 at Annexure-K and pass appropriate orders strictly in accordance with law within an outer limit of eight weeks from the date of receipt of the copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 16