- 1 - HC-KAR NC: 2025:KHC:24953 WP No. 12841 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12841 OF 2025 (LB-RES) BETWEEN: SMT. SUGUNA, W/O GANGADHARA BABU, AGED ABOUT 52 YEARS, R/AT WARD NO. 23, CHANARAJAPETE, CHIKKABALLAPURA DISTRICT - 562 101. …PETITIONER (BY SRI. CHARISHMA, ADVOCATE) AND: THE COMMISSIONER, CITY MUNICIPAL COUNCIL, CHIKKABALLAPUR, CHIKKABALLAPUR DISTRICT - 562 101. …RESPONDENT (BY SRI. L. VENKATARAMA REDDY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO REGISTER SITE NO. 276 MEASURING 25 X 30 SQ.FT. OF CHIKKABALLAPUR IN THE NAME OF THE PETITIONER AND ETC., Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24953 WP No. 12841 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking direction against the respondent to register Site No.276 in the name of the petitioner and consequently execute a sale deed in respect of Site No.276, measuring 25X30 sq.ft. Petitioner is also seeking compensation for the loss incurred by the petitioner due to non registration of site by the respondent for a period of 14 years. 2. Heard the learned counsel for petitioner and learned counsel for the respondent/City Municipal Council. 3. Facts leading to the case are as under: The integrated development of Small and Medium Towns (for short, 'IDSMT') scheme was introduced in 1979-80. In order to implement the said project, a sum of ₹ 30,000,000 was released under IDSMT scheme for the - 3 - HC-KAR NC: 2025:KHC:24953 WP No. 12841 of 2025 development of Chikkballapur. In the meeting held on 25.03.2011, sites were sold through lottery system under IDSMT scheme and the petitioner was allotted Site No. 276 measuring 25 to 30 square feet. Pursuant to allotment, the respondent issued a show cause notice calling upon the petitioner to furnish a demand draft for an amount of ₹70,000 in respect of subject site and on receipt of the first notice, the petitioner asserts that a demand draft for the above said amount accompanied by a letter dated 10.06.2011 was addressed to the respondent authority. 4. The petitioner’s principal grievance is that, despite having deposited the entire site value as indicated in the initial notice, the respondent authority has failed to register the site allotted to him pursuant to the proceedings held in 2011. The petitioner contends that such inaction on the part of the respondent reflects a clear dereliction of duty and has constrained him to approach this Court by way of the present petition. - 4 - HC-KAR NC: 2025:KHC:24953 WP No. 12841 of 2025 5. Learned counsel for the petitioner, reiterating the grounds urged in the writ petition, has strenuously submitted that the issue at hand is directly covered by the decision of a Co-ordinate Bench of this Court in W.P. No.10120/2025. In the said decision, even where the site had been sold to a third party, this Court directed the respondent-authority to allot an alternate site, having regard to the fact that the allottee had deposited the full site value. In the present case, the petitioner is on a stronger footing, as the site allotted to him in the 2011 proceedings continues to remain unallotted. Once the petitioner has performed his part of the transaction by remitting the full sital value, it is incumbent upon the respondent-authority to honour the allotment and execute the sale deed in favour of the petitioner. Administrative delays or internal lapses cannot override the obligation to honour lawful commitments made by public bodies. 6. Learned counsel for the respondent, on instructions, submits that the respondent-authority is - 5 - HC-KAR NC: 2025:KHC:24953 WP No. 12841 of 2025 willing to effectuate the allotment and register the site in favour of the petitioner, provided reasonable time is granted for compliance. 7. Recording his assurance, this Court passes the following: ORDER i. The writ petition is allowed. ii. The respondent authority is hereby directed to execute sale deed in respect of Site No. 276, measuring 25X30 sq.ft; iii. This exercise shall be accomplished within a period of 6 weeks from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 17 CT: BHK