- 1 - HC-KAR NC: 2025:KHC:43347 WP No. 9884 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.9884 OF 2025 (BDA) BETWEEN: LEXINGTON TERRACE RESIDENTS OWNERS’ ASSOCIATION LEXINGTON TERRACE, NO.27/2/7, HARALUR ROAD, OFF SARJAPUR ROAD, AMBALIPURA, VARTHUR HOBLI, BENGALURU-560 102. REPRESENTED BY ITS PRESIDENT, COL M.S. PARAMESHWARAN (RETD.) …PETITIONER (BY SRI ALFRED AROAN JOSEPH, ADVOCATE FOR SRI PRADEEP S. SAWKAR, SUNDARSWAMY AND RAMDAS, ADVOCATES) AND: BANGALORE DEVELOPMENT AUTHORITY, BDA COMPLEX, HSR LAYOUT, BENGALURU-560 102, REPRESENTED BY THE EXECUTIVE ENGINEER. …RESPONDENT (BY SRI B.S. SACHIN, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OCCUPANCY CERTIFICATE IN RESPECT OF RESIDENTIAL APARTMENT “LEXINGTON TERRACE” AT SITE NO.7, SURVEY NO.27/2, HARALUR ROAD, AMBALIPURA VILLAGE, BENGALURU-560102 AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43347 WP No. 9884 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has filed this Writ Petition seeking a writ of mandamus directing the respondent to issue an Occupancy Certificate in respect of residential apartment known as ‘Lexington Terrace’ at site No.7, Sy. No. 27/2, Haralur Road, Ambalipura Village, Bengaluru, and to consider the application/representation dated 18.08.2018 at Annexure-F submitted by the petitioner’s Association for such purpose. 2. Heard learned counsel for the petitioner and learned counsel for the respondent. 3. The petitioner is an Association registered under the Karnataka Societies Registration Act, 1960 formed for the welfare and maintenance of the apartment building named ‘Lexington Terrace’. The developer had obtained the necessary building licence, NOC and clearance certificate from the Fire Department. The petitioner - Association submitted an application dated 18.08.2018 to - 3 - HC-KAR NC: 2025:KHC:43347 WP No. 9884 of 2025 the respondent enclosing requisite documents, requesting the issuance of the Occupancy Certificate. 4. It is the grievance of the petitioner that despite submission of the said application/representation along with all necessary documents, the respondent has neither issued the Occupancy Certificate nor communicated any decision till date. 5. Learned counsel for the respondent submits that the petitioner’s application/representation dated 18.08.2018 will be considered in accordance with law, within a reasonable time. 6. The said submission is placed on record. 7. In view of the above, the grievance of the petitioner stands redressed if an appropriate direction is issued to the respondent to consider the petitioner’s application/representation dated 18.08.2018. Accordingly, this Court pass the following : ORDER (i) Writ Petition is disposed of. - 4 - HC-KAR NC: 2025:KHC:43347 WP No. 9884 of 2025 (ii) The respondent is directed to consider the petitioner’s application/representation dated 18.08.2018 (Annexure-F) seeking issuance of Occupancy Certificate in respect of residential apartment ‘Lexington Terrace’ and to pass orders in accordance with law within an outer limit of eight weeks from the date of receipt of a certified copy of this order. Sd/- ______________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 56