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2025 DAILYLAW 81598 (KAR)

SRI. RAJSHEKAR SHANBAL v. THE BANGALORE DEVELOPMENT AUTHORITY

WP/27550/2025 · 2025-10-31

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44053 WP No. 27550 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.27550 OF 2025 (BDA) BETWEEN: SRI RAJSHEKAR SHANBAL S/O. CHANDRASHEKAR SHANBAL, AGED ABOUT 46 YEARS, R/AT NO.100/A, CHAMUNDI NAGARA, APPANNA BLOCK, NEAR BOMBE TAILER, R.T. NAGARA, BENGALURU-560 032. …PETITIONER (BY SMT. SUPRITHA K.H., ADVOCATE) AND: 1. THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020 REPRESENTED BY ITS COMMISSIONER. 2. THE DEPUTY SECRETARY-II, THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020. 3. THE DEPUTY SECRETARY-III, THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020. …RESPONDENTS (BY SRI B.S. KARTHIKEYAN, ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44053 WP No. 27550 of 2025 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 RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 27.09.2023 VIDE ANNEXURE-E AND DATED 04.09.2025 VIDE ANNEXURE-G & H FOR EXECUTING THE ABSOLUTE SALE DEED IN RESPECT OF THE ALTERNATIVE SITE BEARING NO.B2-SI-2524. 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 is seeking for the following reliefs: “a) Issue a writ in the nature of mandamus directing the Respondents to consider the representations of the Petitioner dated 27.09.2023 vide Annexure-E and dated 04.09.2025 vide Annexure-G & H for executing the absolute sale deed in respect of the alternative site bearing No.B2-SI-2524. - 3 - HC-KAR NC: 2025:KHC:44053 WP No. 27550 of 2025 b) Pass any order or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.” 4. The petitioner was originally allotted site No.17, measuring 9 x 15 meters, situated at Arkavathi Layout, 21st Block, formed in Sy.No.100 of Hennur Village, under an allotment latter dated 24.06.2006 issued by the Bengaluru Development Authority (BDA). Subsequently, due to de-notification of the said land and restoration of ownership to the original landowners pursuant to the order of the Hon’ble Apex Court, the petitioner allotment was cancelled. In lieu thereof, the BDA allotted an alternative site bearing B2-S1-2524 situated at ‘Nadaprabhu Kempegouda Layout’ by an allotment letter dated 27.03.2023, followed by execution of a lease-cum-sale agreement and issuance in favour of the petitioner. 5. It is contended that, despite the lawful allotment of the alternative site on 24.07.2023 and the submission of a representation on 27.09.2023 and - 4 - HC-KAR NC: 2025:KHC:44053 WP No. 27550 of 2025 04.09.2023 requesting execution of the absolute sale Deed, the respondents have not taken any action so far. The petitioner asserts that all required formalities have been completed, and hence seek direction to the respondents to execute the sale Deed in his favour. 6. Learned counsel for the respondents-BDA fairly submits that the petitioner’s representation shall be considered in accordance with law and that a decision will be taken within a reasonable time. 7. The submission is recorded. 8. In view of the above, it is evident that the petitioner has been allotted an alternative site in ‘Nadaprabhu Kempegouda Layout’, the grievance of the petitioner would stand redressed if necessary directions are issued to the respondents. Accordingly, this Court pass the following: ORDER i. The writ petition is disposed of. - 5 - HC-KAR NC: 2025:KHC:44053 WP No. 27550 of 2025 ii. The respondents are directed to consider the petitioner's representation dated 27.09.2023 and 04.09.2025 at Annexure E, G and H seeking for execution of the absolute sale Deed in respect of the alternative site No.B2-SI-2524 and take a appropriate decision in accordance with law within an outer limit of six weeks from the date of receipt of the copy of this order. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 11