- 1 - HC-KAR NC: 2025:KHC:40148 WP No. 30414 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.30414 OF 2024 (BDA) BETWEEN: 1. SMT. B.S. NAGARATHNAMMA W/O LATE DR. N.CHANDRASHEKHAR, AGED ABOUT 57 YEARS, 2. V. YASHASVI KUMAR, S/O LATE N.VISHVESHWARA, AGED ABOUT 25 YEARS, BOTH ARE R/AT 308, VIDYAPEETA ROAD, CHENNAMMA KERE ACHKATTU, BENGALURU-560085. …PETITIONERS (BY SRI CHETHAN A.C., ADVOCATE) AND: 1. THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, BENGALURU-560020. 2. THE DEPUTY SECRETARY-I. BENGALURU DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, BENGALURU-560020. 3. N.SETHURAMAN, S/O. R.M. NATARAJAN, AGE ABOUT MAJOR, R/A SAROJ, 661, 17D MAIN ROAD, 6TH BLOCK, KORAMANGALA, BENGALURU-560095. …RESPONDENTS (BY SRI MURUGESH V. CHARATI, ADVOCATE FOR R-1 & R-2; SRI LAKSHMIKANTHA K.B., ADVOCATE FOR R-3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40148 WP No. 30414 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.1 AND 2 TO EXECUTE THE LEASE CUM SALE DEED OR SALE DEED IN FAVOUR OF THE PETITIONERS FOR SITE NOS.289 AND 290 IN THE 7TH SECTOR OF HSR LATYOUR, BENGALURU; AND DIRECTING THE RESPONDENT NOS.1 AND 2 NOT TO EXECUTE ANY AGREEMENT OR DEED IN FAVOUR OF THE R-3 FOR SITE NO.1220/A IN THE 7TH SECTOR OF HSR LAYOUT, BENGALURU. 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 petitioners have approached this Court in this writ petition seeking a writ of mandamus directing respondent Nos.1 and 2 to execute a lease cum sale deed in favour of the petitioners for Site Nos.289 and 290 in 7th sector of HSR layout, Bengaluru and directing respondent Nos.1 and 2 not to execute an agreement or a deed in favour of respondent No.3 for Site No.1220/A in the very same layout. 2. Heard learned counsel for the petitioner and learned counsel for respondent Nos.1, 2 and 3. - 3 - HC-KAR NC: 2025:KHC:40148 WP No. 30414 of 2024 3. The undisputed fact is that the petitioners were owners of 3 acres 27 guants of land in Doddalallasandra village, which was acquired by the BDA to form JP Nagar, 9th phase layout in Bengaluru. It is the case of the petitioners that the BDA, while acquiring the land, had assured them alternative allotment two 40 x 60 sites. However, due to non availability of such sites, the BDA agreed to allot four sites measuring 30 X 40 of each instead. Accordingly, by a letter dated 19.03.2019, the BDA allotted Site Nos.289 and 290 and two other 30 X 40 sites Nos.437 and 438 in the 2nd sector, HSR layout in favour of the petitioner. 4. Upon examination of the records and submission made, it is revealed that site Nos.289 and 290, which were allotted to the petitioners are situated within Site No.1220/A. It is further undisputed that Site No.1220/A has been sold by BDA in public auction to respondent No.3. In view of the above, the petitioners - 4 - HC-KAR NC: 2025:KHC:40148 WP No. 30414 of 2024 cannot claim execution of a lease cum Sale Deed in respect of site Nos.289 and 290, as those sites form part of the area already sold to respondent No.3, it is not in dispute that the petitioners had lost their land to acquisition for formation of the J.P. Nagar, 9th phase layout and were promised alternative sites in compensation. Therefore, while the relief sought in respect of site Nos.289 and 290 cannot be granted, this Court is of the opinion that the petitioners deserve an opportunity to such alternative allotment in accordance with law. In the circumstances, this Court pass the following: ORDER i. The writ petition is dismissed as devoid of merits. ii. However, the petitioner are at liberty to submit a detail representation to respondent Nos.1 and 2 seeking alternate allotment of sites. - 5 - HC-KAR NC: 2025:KHC:40148 WP No. 30414 of 2024 iii. Such representation shall be submitted with a period of two months from the date of receipt of the order. iv. On receipt of such representation, respondent Nos.1 and 2 shall consider the same and pass appropriate order in accordance with law within a period of two months thereafter. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 21