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2026 DAILYLAW 1765 (KAR)

SMT. J. SHANTHA v. STATE OF KARNATAKA

WP/8338/2026 · 2026-03-12

S Sunil Dutt Yadav

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14839 WP No. 8338 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 8338 OF 2026 (BDA) BETWEEN: SMT. J. SHANTHA W/O. B. NAGARAJU, AGED ABOUT 53 YEARS, R/AT. NO.2, 35TH WARD, BANKERS COLONY, SHASTRI NAGAR EXTENSION AREA, BELLARY-583 101. REP. BY HER GPA HOLDER, SRI. MANJUNATH SOKKALINGAM, S/O. SOKKALINGAM, AGED ABOUT 39 YEARS, R/AT. NO.212, 9TH MAIN, HRBR LAYOUT, 1ST BLOCK, BENGALURU- 560 043. …PETITIONER (BY SRI. H. PAVANA CHANDRA SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14839 WP No. 8338 of 2026 2. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY (BDA), KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU- 560 020. 3. THE DEPUTY SECRETARY-4, BANGALORE DEVELOPMENT AUTHORITY (BDA), KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU- 560 020. 4. FINANCIAL MEMBER, BANGALORE DEVELOPMENT AUTHORITY (BDA), KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU- 560 020. …RESPONDENTS (BY SRI. A.S. HARISH, AGA FOR R1; SRI. K. KRISHNA, ADV. FOR R2 TO R4; R5 IS DELETED V/O DATED 12.03.2026) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RESIDENTIAL SITE AUCTION CONFIRMATION LETTER BEARING ITS NO.BEMAAPRA/ AASA/E-HARAJU SMVL/ 559/A/2025-26 ISSUED BY THE 4TH RESPONDENT AUTHORITY/FINANCIAL MEMBER, BANGALORE DEVELOPMENT AUTHORITY DATED 06.01.2026 WHEREIN CALLED FOR THE AUCTION TO THE SITE BEARING NO.559/A SITUATED AT SIR M. VISWESHWARAIAH LAYOUT, 5TH BLOCK, ULLAL, BENGALURU FORMED BY THE - 3 - HC-KAR NC: 2026:KHC:14839 WP No. 8338 of 2026 RESPONDENT AUTHORITY, WHEREIN 5TH RESPONDENT BEING A HIGHEST BIDDER TO THE SAID AUCTION PRODUCED AS ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for setting aside of the Residential Site Auction Confirmation Letter issued by respondent No.4 insofar as site No.559/A, situated at Sir M. Vishweshwaraiah Layout, 5th Block, Ullal, Bengaluru. The petitioner has also sought for direction to respondents No.2 and 3 to register the site bearing No.559/1 situated at Sir M. Vishweshwaraiah Layout, 5th Block, Ullal, Bengaluru measuring 15x24 meters in terms of the report at Annexure-K. 2. At the outset, in light of the stand of respondent - Bangalore Development Authority (BDA), that the area is demarked in terms of the report at - 4 - HC-KAR NC: 2026:KHC:14839 WP No. 8338 of 2026 Annexure-K and accordingly, the apprehension of the petitioner that the auction of the adjacent site No.559/A would have the effect of encroaching on the dimension reserved for the petitioner, does not arise. 3. Learned counsel for the petitioner files a memo seeking for deletion of respondent No.5. In light of the memo filed, respondent No.5 is permitted to be deleted from the array of parties. 4. The brief facts are that the petitioner was an allottee of G-category site at the first instance. The site No.73 measuring 50x80 feet situated in Rajamahal Vilas, 2nd stage Layout was initially allotted. In fact, it is averred that the lease-cum-sale agreement was also executed in favour of the petitioner on 28.04.2010. It is made out from the pleadings that the allotment of G-category site was set aside and subsequently, petitioner made a representation for allotment of an alternative site. The request for alternative site was made in light of the - 5 - HC-KAR NC: 2026:KHC:14839 WP No. 8338 of 2026 directions that were issued by the Committee set up to examine entitlement of the site holders such as the petitioner. 5. It is not in dispute that the respondent- BDA has identified site No.559/1 to be allotted to the petitioner. Such identification is made out from the proceedings at Annexure-J. In terms of the said proceedings of the BDA, the site measuring 15x24 meters, bearing site No.559/1 in 5th Block at Sir M. Vishweshwaraiah Layout was demarked. The measurement of the said site is as per the report at Annexure-K. Perusal of Annexure-K would indicate that the total extent of the site i.e., 559/1 is 360.0 square meters with measurement of east to west - 24 meters and north to south - 15 meters. 6. Learned counsel for the respondent - BDA submits that Annexure-K is a matter of record and further upon instructions files a memo and encloses the report of the Assistant Executive Engineer dated 09.03.2026 and - 6 - HC-KAR NC: 2026:KHC:14839 WP No. 8338 of 2026 submits that the measurement of site No.559/1, which is eventually to be conveyed to the petitioner, tallies with the measurements at Annexure-K. It is further submitted that the eventual execution of sale deed in favour of the petitioner would be in terms of the measurement at Annexure-K as also the communication of the Assistant Executive Engineer dated 19.03.2026 and that the apprehension of the petitioner that there would be a shortfall in the measurement of site No.559/1 by conveying an increased extent in site No.559/A, would not arise. 7. In light of the said unequivocal stand by the respondent - BDA, the question of passing any order as regards the auction of site No.559/1, would not arise. Taking note of the stand of the respondent - BDA that the sale deed would be executed to the petitioner upon other procedural formalities being completed in terms of the measurement at Annexure-K, petition is disposed of as not calling for any further adjudication while recording the - 7 - HC-KAR NC: 2026:KHC:14839 WP No. 8338 of 2026 submission of the respondent - BDA. Sale deed to be executed by the respondent - BDA within an outer period of 3 months as per procedure. Accordingly, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR