- 1 - HC-KAR NC: 2025:KHC:42303 WP No. 24864 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 24864 OF 2025 (BDA) BETWEEN: SMT. SREEVIDYA W/O. SRI.SHASHIKUMAR.M, AGED ABOUT 53 YEARS, R/AT NO.522/B, HIMAGIRI, 1ST D CROSS, 3RD STAGE, 4TH BLOCK, BASAVESHWARANAGARA, BENGALURU-560079. …PETITIONER (BY SRI. VASANTH KUMAR H.T, ADVOCATE) AND: 1. THE BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. REPTD. BY ITS COMMISSIONER. 2. DEPUTY SECRETARY-III, THE BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. …RESPONDENTS (BY SRI VASANTHA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42303 WP No. 24864 of 2025 THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DTD. 01.07.2021 VIDE ANNX-L TO ALLOT AN ALTERNATIVE SITE IN THE SAME LAYOUT IN LIEU OF SITE BEARING NO.560/F OF NAGARABHAVI 1ST STAGE, BENGALURU 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 Sri Vasantha, learned counsel accepts notice for respondent Nos.1 and 2. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 3. The petitioner has filed this writ petition seeking a writ of mandamus directing the respondent authorities to consider the representation dated 01.07.2021 (Annexure-L) and to allot an alternative site in the same layout in lieu of site bearing No.560/F of Nagarabhavi, 1st Stage, Bangalore. 4. It is stated that the petitioner's father was originally allotted Site No.560/F, measuring 9x12 meters and the entire sital value was duly paid. Pursuant thereto, the - 3 - HC-KAR NC: 2025:KHC:42303 WP No. 24864 of 2025 respondent authority executed a Lease-cum-Sale Agreement and issued a possession certificate in his favour. The petitioner's father died, leaving behind the petitioner and other legal heirs. The petitioner's brothers executed a registered release deed relinquishing their rights in respect of the said property in favour of the petitioner. It is further stated that upon verification, the petitioner discovered that certain revenue sites holders have encroached upon and constructed buildings on Site No.560/F, rendering it unavailable for possession. Consequently, the petitioner submitted a representation dated 01.07.2021 to the respondent authority seeking an alternative site in the same layout in lieu of the original allotment. 5. The grievance of the petitioner is that, though the representation was submitted on 01.07.2021, the same has not been considered till date. It is contended that the Law Officer of the BDA has specifically, in clear terms, as per Annexure-Q has clearly opined that an alternative site - 4 - HC-KAR NC: 2025:KHC:42303 WP No. 24864 of 2025 be allotted to the petitioner. Despite such recommendation, the respondent-BDA has failed to consider the petitioner’s representation for allotment of an alternative site. 6. Learned counsel appearing for the respondents-BDA submits that if a reasonable time is granted, the representation of the petitioner would be considered in accordance with law. 7. Having regard to the limited scope of the prayers made in this petition, this Court is of the considered view that the representation submitted by the petitioner warrants consideration by the respondent authority. 8. Accordingly, the petition is disposed of with a direction to respondent No.2 to consider and pass appropriate orders on the petitioner's representation dated 01.07.2021 (Annexure-L), in accordance with law, within a period of eight weeks from the date of receipt of the copy of this order. - 5 - HC-KAR NC: 2025:KHC:42303 WP No. 24864 of 2025 9. All contentions are kept open. 10. This Court has not expressed merits or demerits of the claim of the petitioner. Sd/- _____________________ JUSTICE K.S. HEMALEKHA HA List No.: 1 Sl No.: 3