- 1 - HC-KAR NC: 2025:KHC:44954 WP No. 18742 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 18742 OF 2025 (BDA) BETWEEN: G.A.HANUMANTHARAYAPPA S/O ANJANAPPA, AGE ABOUT 78 YEARS, R/AT NO.9, 5TH CROSS, ABBAYAPPA LAYOUT, N.S. PALYA, BANNERGHATTA ROAD, BENGALURU-560 076. …PETITIONER (BY SRI. SUNDARESH H C., ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T.CHOWDAIAH RAOD, BANGALORE- 560 020. 2. DEPUTY SECRETARY-IV, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T.CHOWDAIAH ROAD, BANGALORE- 560 020. …RESPONDENTS (BY SRI. VASANTHA., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44954 WP No. 18742 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 18-12-2022 AND 12- 02-2025 ANNEXURE- F AND G RESPECTIVELY, FOR EXECUTING ABSOLUTE SALE DEED OF THE SITE BEARING NO.1061, MEASURING 6 X 9 MTRS, SITUATED AT ARKAVATI, 8TH BLOCK LAYOUT. PURSUANT TO ALLOTMENT LETTER DATED 24-06-2006 AND LEASE CUMS ALE AGREEMENT DATED 21-05-2007 AS PER ANNEXURE-A AND B RESPECTIVELY OR IN ALTERNATIVE IN CASE IF THE SAID SITE IS NOT AVAILABLE ISSUE NECESSARY DIRECTION TO THE RESPONDENT TO ALLOT ALTERNATIVE SITE IN FAVOUR OF THE PETITIONER IN THE SAME LAYOUT OR ANY OTHER EQUALLY FORMED LAYOUT AND EXECUTE ABSOLUTE SALE DEED IN HIS FAVOUR. 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 Heard the learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 2. The petitioner has approached this Court seeking direction to the respondent-authorities to consider the petitioner's representations dated 18.12.2021 - 3 - HC-KAR NC: 2025:KHC:44954 WP No. 18742 of 2025 (Annexure-F) and dated 12.02.2025 (Annexure-G) for executing absolute sale deed in respect of the site bearing No.1061, measuring 6X9 meters situated at Arkavati, 8th Block Layout (for short 'the site') pursuant to the allotment letter dated 04.06.2006 and lease cum sale agreement dated 21.05.2007. 3. Undisputedly, the petitioner was allotted the site as per the allotment letter dated 24.06.2006. The petitioner had deposited the entire sital value, whereupon a lease cum sale agreement was executed in his favour and possession of the site was handed over. After expiry of the lease period, the petitioner submitted a representation for execution of the absolute sale deed of the site in his favour on 18.12.2021 and again on 12.02.2025. The grievance of the petitioner is that, despite repeated representations, the respondent-authorities have not executed the sale deed, though the petitioner's allotment unperfected for nearly two decades. - 4 - HC-KAR NC: 2025:KHC:44954 WP No. 18742 of 2025 4. Learned counsel for the respondent-BDA submits that the site allotted to the petitioner falls in Survey No.2/1 of Venkateshpura village and that the land was involved in litigation, which was pending consideration before the Competent Court. 5. In this context, learned counsel for the petitioner submits that the said dispute has since been resolved in favour of the BDA, and therefore, there is no impediment for execution of the sale deed in terms of the allotment already made. Having regard to the fact that the petitioner has been allotted the site in the year 2006 and lease cum sale agreement was executed in the year 2007, yet no sale deed has been executed even after eighteen years, this Court finds that the inaction of the respondents in considering the petitioner's representation cannot be countenanced. Accordingly, this Court pass the following: - 5 - HC-KAR NC: 2025:KHC:44954 WP No. 18742 of 2025 ORDER i) The writ petition is disposed of. ii) The respondents are directed to consider the petitioner's representations dated 18.12.2021 (Annexure-F) and dated 12.02.2025 (Annexure-G) for execution of the absolute sale deed in respect of the site bearing No.1061, measuring 6X9 meters situated at Arkavati, 8th Block Layout as per the allotment letter dated 24.06.2006 and lease cum sale agreement dated 21.05.2007 and pass appropriate orders in accordance with law. iii) The entire above exercise shall be done within a period of 8(eight) weeks from the date of receipt of a certified copy of this order. - 6 - HC-KAR NC: 2025:KHC:44954 WP No. 18742 of 2025 iv) If the said site is not available, the respondents shall consider the petitioner's representation by allotting an alternative site of equal dimension in the same layout or in Nadaprabhu Kempegowda layout and thereafter, execute the absolute sale deed in his favour in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 11