- 1 - HC-KAR NC: 2025:KHC:49193 WP No. 30121 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.30121 OF 2025 (BDA) BETWEEN: SMT. S. NAGAMMA W/O LATE CHINNAIAH, AGED ABOUT 66 YEARS, OCC: HOMEMAKER, AT NO.6, RAMA’S NILAYA, 2ND STAGE, SATHYANARAYANA LAYOUT, MAHALAKSHMIPURAM, BENGALURU-560086 AADHAR NO.7027-6896-5776 (DATE OF BIRTH:15-12-1956). …PETITIONER (BY SRI ANGADI S.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, HOUSING AND URBAN DEVELOPMENT, 4TH FLOOR, VIKASA SOUDHA, BENGALURU-560001. 2. BENGALURU DEVELOPMENT AUTHORITY, BY ITS COMMISSIONER, KUMARA PARK WEST, BENGALURU-560020. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI MURUGESH V. CHARATI, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT B.D.A., TO EXECUTE THE SALE DEED IN FAVOUR OF THE PETITIONER IN RESPECT OF THE Digitally signed by C K LATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49193 WP No. 30121 of 2025 SCHEDULE PROPERTY AS EXPEDITIOUSLY AS POSSIBLE AND AS (TO BE DIRECTED) BY THE HON’BLE COURT TOGETHER WITH POSSESSION CERTIFICATE AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned counsel for the petitioner has filed a memo seeking to withdraw the Writ Petition. The memo reads as under : “Herein the petitioner named above most respectfully begs to submit as under 1) It is respectfully submitted that the petitioner had earlier filed W.P.No.17916/2023 requesting Hon'ble Court for issuance of a Writ of Mandamus directing the 2nd respondent B.D.A., to execute the sale deed, possession certificate etc. The Hon'ble Court also directed the Learned Standing Counsel for B.D.A., to take notice. The grievance of the petitioner is that her husband died due to multiple organ failure in the Covid-19 on 18-11-2019, while he was being treated at Columbia Asia Referral Hospital Yeshwanthpur, Bengaluru (for ready reference copy of the Death Extract enclosed for the kind consideration of the Hon'ble Court). In the - 3 - HC-KAR NC: 2025:KHC:49193 WP No. 30121 of 2025 earlier writ petition also, no counter has been filed. Nevertheless, there is an interim order dated: 18- 01-2024 directing the B.D.A., not to re-allot to anybody else (for ready reference copy of the status report on the website is enclosed). Ultimately, this Hon'ble Court by Judgment/Order dated:02-12-2024 has been pleased to direct the B.D.A., to execute the sale deed and also directing the B.D.A., to take decision in the matter within a period of 4 months. Copy of the order dated:02-12-2024 passed by this Hon'ble Court is enclosed for ready reference). By way of abundant caution, the petitioner called upon both the respondents to comply the directions issued. A copy of the reminder also came to be submitted to the Head of Legal Cell B.D.A., (copy of the reminder enclosed). 2) It is further respectfully submitted that since no concrete steps came to be initiated by B.D.A., in response to the reminder, the present writ petition is filed on 30-09-2025 Here again, there is an interim order. Since the learned counsel was not present while passing the interim order, the petitioner also filed a Memo requesting the Hon'ble Court for re-call of the interim order. 3) In the background of the above facts, the learned Counsel appearing for B.D.A., took time to - 4 - HC-KAR NC: 2025:KHC:49193 WP No. 30121 of 2025 secure the records and on the last date of hearing i.e., 20-11-2025, a submission was made that the petitioner may not have any locus to maintain the present petition, more particularly when the site in question at the request made has been transferred in the name of Sri.Chandramohan who is the second son of the petitioner. The entire file came to be read over by the learned standing counsel appearing for BDA in the open court. A copy of the endorsement dated: 3-10- 2024 came to be given by the office of DS-II of B.D.A., calling upon to pay a sum of Rs.4,48,845/- being the deficit payable. A copy of the endorsement dated: 05-10-2024 issued by DS-2 of B.D.A., and given to the advocate is herewith submitted. 4) In the wake of petitioner's husband having died due to Covid-19 and the transfer of site being effected in the name of 2nd son of the petitioner, this Hon'ble Court rightly expressed the view that the present writ petition is not maintainable. Since the 2nd son of the petitioner is abroad at U.K., and unable to go over the India every now and then, the mother has requested her son to execute a G.P.A., in her favour and accordingly, the same is in pipeline. - 5 - HC-KAR NC: 2025:KHC:49193 WP No. 30121 of 2025 5) In the circumstances, the petitioner requests the Hon'ble Court permitting her to withdraw the present writ petition reserving liberty to approach, if need be. These facts were enlightened by the learned counsel for B.D.A., when records were shown to the Hon'ble Court on the last date of hearing. In both the writ petitions, counter/written statement not filed. Since the delay in making payment of the entire sital value has been condoned, the only request of the petitioner is to waive the deficit called for & for which a request will be made for waiver to the Commissioner, B.D.A. 6) In the aforesaid facts and circumstances, the petitioner requests the Hon'ble Court to permit her to withdraw the aforesaid writ petition. 7) The above Memo may kindly be placed on record. No hardship, loss or inconvenience will be caused either to the State Government or B.D.A., The petitioner is uneducated, a widow and the allotment is under the S.C.Quota and having spent several lakhs of rupees for treatment, she could not save her husband who ultimately died in Covid-19. 8) The inconvenience caused to the Hon'ble Court is deeply regretted and sincere apologies are tendered.” - 6 - HC-KAR NC: 2025:KHC:49193 WP No. 30121 of 2025 2. Memo is taken on record. 3. In view of the memo filed, the Writ Petition is dismissed as withdrawn, with liberty as prayed for. Sd/- ______________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 65