- 1 - HC-KAR NC: 2025:KHC:53812 WP No. 37797 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.37797 OF 2025 (BDA) BETWEEN: MR. MITHUN S. SHETTY AGED 42 YEARS, S/O SUDHAKAR, R/AT NO.27, PADMA NILAYA, KUDURAGUNDI TOWN, KUDURAGUNDI MAIN ROAD, KOPPA TALUK, KOPPA CHIKKAMAGALURU, KARNATAKA-577127. ALSO AT: NO.11, SHAMBHAVI 3RD CROSS ROAD, OPP. TO SK HOSPITAL TEACHERS LAYOUT, NAGARABAVI, BANGALORE-560072. …PETITIONER (BY SRI SHANTHI BHUSHAN H., ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BANGALORE-560020. 2. THE SECRETARY BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BANGALORE-560020. …RESPONDENTS (BY SRI K. KRISHNA, ADVOCATE FOR R-1 AND R-2) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53812 WP No. 37797 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT-BDA AUTHORITIES TO CONSIDER AND DISPOSE OF THE PETITIONER’S REPRESENTATIONS DATED 14-11-2025, VIDE ANNEXURES-E AND F STRICTLY IN ACCORDANCE WITH LAW AND THE BDA ALLOTMENT OF SITES RULES, 1984, 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 K.Krishna, learned counsel, accepts notice for the respondents. 2. The petitioner has approached this Court seeking a direction to the respondents-Bangalore Development Authority (BDA) to consider his representations dated 14.11.2025 (Annexures-E and F) strictly in accordance with law and the provisions of the Bangalore Development Authority (Allotment of Sites) Rules, 1984 (‘the Rules, 1984’ for short). 3. Heard the learned counsel for the petitioner and the learned counsel for the BDA. - 3 - HC-KAR NC: 2025:KHC:53812 WP No. 37797 of 2025 4. It is the case of the petitioner that on 20.12.2023, he submitted an application for allotment of a flat under the relevant category in terms of the Rules, 1984 along with a payment of Rs.5,50,000/- through cheque No.477697 on 19.12.2023. It is the case of the petitioner that thereafter he submitted representation dated 14.11.2025 requesting authorities to allot flat B3-702 in BDA Indraprasta Apartment, Valagerahalli, 5th Phase. According to the petitioner, despite his earlier application, no decision has been taken on his representation. Apprehending that the flat may be allotted to a third party who applied later in point of time, the petitioner has approached this Court. 5. Learned counsel for the petitioner submits that application for allotment relates back to 20.12.2023, the representation so submitted by the petitioner is not yet considered by the respondents-authorities and the petitioner’s apprehension is that flat B3-702 in BDA Indraprasta Apartment, Valagerahalli, 5th Phase, may be allotted to a third party, thereby rendering the petitioner’s - 4 - HC-KAR NC: 2025:KHC:53812 WP No. 37797 of 2025 representation infructuous and in the circumstances a direction to consider the representation in accordance with seniority and the Rules, 1984 is warranted. 6. Learned counsel for the BDA submits that the petitioner has given the representations only on 14.11.2025 and the respondents-authorities require reasonable time to consider his representations in accordance with law and no adverse decision has yet been taken against the petitioner. 7. This Court has considered the submission of the learned counsel on both sides and perused the material on record. 8. It is not in dispute that the petitioner submitted an application for allotment on 20.12.2023 and thereafter representation on 14.11.2025 seeking allotment of specific flat. The grievance is confined to non-consideration of his representation and apprehension of allotment in favour of third party. - 5 - HC-KAR NC: 2025:KHC:53812 WP No. 37797 of 2025 9. Having regard to the limited nature of relief sought and the fact that the representation are yet to be considered, this Court is of the view that the ends of justice would be met by directing the respondents to consider the petitioner’s representation in accordance with law, the Rules, 1984 and the principle of seniority within a stipulated time and thus the following: ORDER (i) The Writ Petition is disposed of. (ii) The respondents-BDA are directed to consider the petitioner’s representations dated 14.11.2025, keeping in view of his application for allotment of flat dated 20.12.2023. (iii) Such consideration shall be in accordance with law, as per the seniority and as per the Rules, 1984 and shall be completed within a period of four weeks from the date of receipt of the certified copy of this order. (iv) Till the consideration of the petitioner’s representations, the respondents-BDA are directed not to allot the flat B3-702 in BDA - 6 - HC-KAR NC: 2025:KHC:53812 WP No. 37797 of 2025 Indraprasta Apartment, Valagerahalli, 5th Phase, to any third party, if not already been allotted. Sd/- ______________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 23