Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53388 WP No. 35302 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 35302 OF 2025 (BDA) BETWEEN:
1. SRI.K.NAGARAJ S/O LATE SRINIVAS SHETTY, AGE ABOUT 65 YEARS, R/AT NO. 19/1-1m 4TH MAIN ROAD, BANASHANKARI 3RD STAGE, ITTAMADU, BENGALURU - 85. …PETITIONER (BY SRI. ARUN C BHAT.,ADVOCATE) AND:
1. BENGALURU DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER KUMAR PARK WEST T CHOWDAIAH ROAD, BENGALURU - 560 020.
2. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY KUMAR PARK WEST T CHOWDAIAH ROAD, BENGALURU - 560 020.
3. DEPUTY SECRETARY - 2 BENGALURU DEVELOPMENT AUTHORITY KUMAR PARK WEST T CHOWDAIAH ROAD, BENGALURU - 560 020. …RESPONDENTS
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53388 WP No. 35302 of 2025
(BY SRI. MURUGESH V CHARATI.,ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 01/09/2025 AT ANNEXURE-A AND ANNEXURE-B AND ETC.
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 The petitioner has approached this Court seeking for the following prayers:
"1. Directing the Respondents to consider the representation dated 01/09/2025 at Annexures-A and Annexure-B.
2. Direct the Respondents to execute deed of conveyance in respect of Site No.B6-SD-1545 in NADAPRABHU KEMPEGOWDA LAYOUT Bengaluru.
3. Any writ or order as the Hon'ble Court deems fit on the facts and circumstances of the case.
4. Cost of the Writ Proceedings."
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HC-KAR NC: 2025:KHC:53388 WP No. 35302 of 2025
2. Heard learned counsel for the petitioner and Sri. Murugesh V Charati, learned counsel for respondent No.1.
3. Brief facts of the case are as under: The petitioner had applied for allotment of a site in Form No.II with the respondent-authority on 08.02.2018. Pursuant thereto, the respondent-authority issued a allotment letter in favour of the petitioner in respect of site No.B6-SD-1545 in Nadaprabhu Kempegowda Layout. It is the case of the petitioner that he has complied with all the requirements stipulated in the allotment letter, including submission of the self declaration affidavit and other necessary documents.
4. Learned counsel for the petitioner submits that, despite such compliance and the availability of the site in question, the respondents have not proceeded to execute the deed of conveyance in petitioner’s favour, compelling
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HC-KAR NC: 2025:KHC:53388 WP No. 35302 of 2025
him to submit representation and eventually approach this Court.
5. Learned counsel for the respondents submits that the representation submitted by the petitioner seeking for execution of the deed of conveyance of site No.B6-SD-1545 in Nadaprabhu Kempegowda Layout, Bengaluru would be considered in accordance with law, subject to the availability of the said site and other statutory requirements.
6. In view of the submission made, the grievance of the petitioner would stand redressed, if appropriate directions are issued to the respondent-authority to consider the same and accordingly, this Court pass the following:
ORDER i) The writ petition is disposed of.
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HC-KAR NC: 2025:KHC:53388 WP No. 35302 of 2025
ii) The respondents are directed to consider the petitioner's representation dated 01.09.2025 (Annexure-A) and execute a deed of conveyance in respect of site No.B6-SD-1545 in Nadaprabhu Kempegowda Layout, Bengaluru subject to its availability and being free from encumbrances. iii) In the event the said site is not available for any reasons, the respondent-BDA shall allot an equivalent site of similar dimension in the same layout to the petitioner within a period of eight(8) weeks from the date of receipt of a certified copy of this order.
Sd/- _____________________ JUSTICE K.S. HEMALEKHA
PHM List No.: 1 Sl No.: 2