- 1 - HC-KAR NC: 2025:KHC:43649 WP No. 8472 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.8472 OF 2025 (BDA) BETWEEN: SMT. PADMA SOMANNA S/O. SOMANNA AGED ABOUT 70 YEARS, R/AT FLAT NO.214, BLOCK-21, ‘JEEVANSATHI APARTMENTS’, 25TH MAIN, 10TH CROSS, LIC COLONY, JP NAGAR 1ST PHASE, BENGALURU-560 078. …PETITIONER (BY SRI VASANTH KUMAR H.T., ADVOCATE) AND: 1. THE COMMISSIONER THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560020. REP. BY ITS COMMISSIONER. 2. THE DEPUTY SECRETARY-III THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. …RESPONDENTS (BY SRI KARTHIKEYAN B.S., ADVOCATE FOR R-1 & R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 24.01.2025 VIDE NO.BEM.AA.PRA/U.KAA-4/5840/2024-25 ISSUED BY THE RESPONDENT NO.2 ANNEXURE-P; DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 24.09.2024 VIDE ANNEXURE-M. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43649 WP No. 8472 of 2025 THIS PETITION COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner, an allottee, under the Economically Weaker Section (‘EWS’ for short) category, has filed this writ petition challenging the endorsement dated 24.01.2025 issued by the respondent No.2-Bengaluru Development Authority (BDA) rejecting her request for execution of the sale Deed in respect of Site No.780, 19th block, Arkavati layout allotted under the EWS scheme. 2. Learned counsel for the petitioner contends that the petitioner was allotted the said site under an allotment letter dated 24.06.2006, and has paid the entire sital value of `56,700/-. It is submitted that the petitioner had sought for change of address on 05.08.2006, but the BDA issued a notice dated 16.11.2006 to her old address, requiring production of a domicile certificate, which was never served. It is contented that the petitioner submitted - 3 - HC-KAR NC: 2025:KHC:43649 WP No. 8472 of 2025 the domicile certificate on 20.04.2023 and made representations dated 22.04.2023 and 24.09.2024 seeking execution of the sale Deed in respect of the above site number, which came to be rejected through the impugned endorsement. 3. On the other hand, learned counsel for the BDA contends that the petitioner has remained inactive for nearly 18 years and has failed to comply with the mandatory conditions of the allotment, including execution of the lease cum sale agreement and submission of documents within the prescribed period. It is contended that the allotment has automatically lapsed as per the BDA (Allotment of Site) Rules and the writ petition suffers from gross delay and laches. It is further submitted that a Special Committee constituted in W.P.No.51929/2014 has been entrusted with examining issues relating to Arkavati layout, and therefore, the petitioner ought to approach the said Committee. - 4 - HC-KAR NC: 2025:KHC:43649 WP No. 8472 of 2025 4. Having heard the learned counsel for both sides and perusal of the records, it is evident that the allotment in favour of the petitioner relates back to 2006, and that no lease cum sale Deed has been executed till date. According to the petitioner, the delay attributes to a mis- communication and claims to have furnished the required domicile certificate subsequently. Considering that the petitioner belongs to a EWS category and has already remitted the sital value, this Court is of the considered view that an opportunity may afforded to the petitioner for reconsideration of her representation by the competent authority, instead of rejecting the claim of the petitioner on technical grounds. Without expressing any opinion on merits of the rival contentions, the petition is disposed of with the following directions: i. Respondent No.2-BDA is directed to reconsider the petitioner's representation dated 24.09.2024 along with the domicile certificate dated 20.04.2023, and to pass appropriate orders in accordance with law, within a period of - 5 - HC-KAR NC: 2025:KHC:43649 WP No. 8472 of 2025 eight weeks from the date of receipt of the copy of this order. ii. While doing so, the BDA shall verify the factual position regarding with a Site No.780, 19th block, Arkavati layout forms part of any land involved in any of the proceedings. The BDA shall consider the petitioner's case on its merits subject to the applicable Rules and conditions. iii. All the contentions of both the parties are kept open. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 12