- 1 - HC-KAR NC: 2025:KHC:44196 WP No. 8663 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.8663 OF 2021 (BDA) BETWEEN: SRI N. KAPANAIAH S/O LATE NANJAIAH AGED ABOUT 66 YEARS, RESIDING AT NO.288/A, 3RD CROSS ROAD, WEST OF CHORD ROAD MANJUNATHA NAGAR, RAJAJINAGAR BANGALORE-560010. …PETITIONER (BY SRI S. LAKSHMINARAYANA, ADVOCATE A/W SMT. RAMYA .S, ADVOCATE) AND: 1. THE BANGALORE DEVELOPMENT AUTHORITY OFFICE SITUATED AT T.CHOWDAIAH ROAD, KUMARA PARK, BANGALORE-560020 REP. BY ITS COMMISSIONER. 2. THE DEPUTY SECRETARY THE BANGALORE DEVELOPMENT AUTHORITY OFFICE SITUATED AT T.CHOWDAIAH ROAD, KUMARA PARK, BANGALORE-560020. 3. THE EXECUTIVE ENGINEER THE BANGALORE DEVELOPMENT AUTHORITY, OFFICE SITUATED AT T.CHOWDAIAH ROAD, KUMARA PARK, BANGALORE-560020. …RESPONDENTS (BY SRI G. LAKSHMEESH RAO, ADVOCATE FOR R-1 TO R-3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44196 WP No. 8663 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.1 TO 3 TO ALLOT AND GRANT POSSESSION OF THE BEARING SITE NO.2739, SIR.M.VISHVESHWARAIAH LAYOUT, BANGALORE, TO THE PETITIONER UNDER ANNEXURE-K DATED 22.02.2021. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 a writ of mandamus directing respondent–BDA to allot and deliver possession of site bearing No.2739 situated at Sir M. Vishweshwaraiah Layout, Bengaluru, as per his representation (Annexure–K) dated 22.02.2021. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 3. The material on record reveals that the petitioner was originally allotted site bearing No.3185, 6th Block, Sir M. Vishweshwaraiah Layout, measuring East to West 12.00 meters and North to South 9.00 meters (108.00 square meters), vide allotment letter dated - 3 - HC-KAR NC: 2025:KHC:44196 WP No. 8663 of 2021 16.04.2003. A registered sale deed was executed in his favour on 07.09.2004, and a possession certificate was issued. However, the petitioner was not handed over vacant possession, on petitioner’s representation, respondent No.2 directed respondent No.3 to hand over vacant possession, since a dispute arose concerning the said site No.3185, the petitioner, by his representation dated 09.07.2015, sought allotment of an alternative site, i.e., site No.3185A measuring 9 x 12 meters in the same block. It is not in dispute that site No.3185 falls within Sy. No.3/1, which is the subject matter in O.S.No.616/2012 and O.S. No.620/2012 filed by Smt.Varalakshmi and Sri Shankar respectively against the BDA. Those suits were decreed and appeals filed by the BDA is pending. Consequently, the BDA refrained from handing over possession of site No.3185 or alternate site No.3185A. 4. Learned counsel for the petitioner contends that the petitioner, is now aged about 70 years, has once again - 4 - HC-KAR NC: 2025:KHC:44196 WP No. 8663 of 2021 sought allotment of site No.2739 or in the alternative, any equivalent site in the same layout. 5. Learned counsel for the respondent–BDA submits that site No.2739 is not specifically covered under any existing allotment order, nevertheless the authority is willing to consider the petitioner’s representation for an alternate site subject to availability in the same or subsequent layout. 6. In view of the above submissions and considering the long standing hardship faced by the petitioner, this Court deems it just and appropriate to issue the following: ORDER i. The writ petition stands disposed of. ii. Respondent No.2 is directed to consider the petitioner’s representation dated 22.02.2021 (Annexure–K) for allotment of an alternate site - 5 - HC-KAR NC: 2025:KHC:44196 WP No. 8663 of 2021 bearing No.2739 situated at Sir M. Vishweshwaraiah Layout, subject to its availability. iii. In the event site No.2739 is not available, respondent No.2 shall allot to the petitioner an alternative site of equivalent measurement and value in the same layout, and if that is not possible, in any subsequently formed layout by the BDA. iv. Appropriate orders shall be passed in accordance with law within a period of eight weeks from the date of receipt of a certified copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 61