- 1 - HC-KAR NC: 2026:KHC:30292 WP No. 18330 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 18330 OF 2022 (BDA) BETWEEN: NAGAMMA W/O LATE VENKATARAJU AGED ABOUT 64 YEARS R/AT NO.106/68, OLD MADRAS ROAD BINNAMAGALA, BANGALORE-560038. …PETITIONER (BY SRI. VIGNESHWAR SHASTRY, SENIOR ADVOCATE FOR SRI. GURURAJ R., ADVOCATE) AND: BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER OFFICE ADDRESS: KUMARPARK WEST GUTTAHALLI, BENGALURU-560020. …RESPONDENT (BY SRI. ASHWIN S. HALADY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CANCEL THE SALE DEED DATED 30.05.2005 ANNEXURE-D IN RESPECT OF SITE NO.151, 8TH PHASE, 1ST BLOCK, J.P NAGAR, BANGALORE AND ALLOT THE SAID SITE IN FAVOUR OF THE PETITIONER DATED ON 04.03.2020, 7.12.2020 AND 29.11.2020 AS PER ANNEXURE-E, F AND G RESPECTIVELY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30292 WP No. 18330 of 2022 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus directing the respondent to cancel the sale deed dated 30.05.2005 in respect of site No.151, 8th phase, 1st Block, J.P.Nagar, Bangalore and allot the said site in favour of the petitioner. 2. (i) The petitioner contends that she was allotted a site bearing No.71 at 9th phase, Block No.3, J.P.Nagar, Bangalore, by the respondent and the sale deed was registered in her name by the respondent and she was placed in possession of the property allotted. She claimed that one Mr.Suresh played fraud on her and got executed a sale deed fraudulently on 27.08.2001 without paying any consideration. The petitioner challenged the same in O.S.No.25328/2011 before the City Civil Court, Bangalore, which was dismissed and RFA No.1237/2020 was filed. (ii) She contends that the acquisition of land where site No.71 was allotted to her was quashed by this Court and thereafter, the respondent withdrew the acquisition in respect - 3 - HC-KAR NC: 2026:KHC:30292 WP No. 18330 of 2022 of the said land. Consequently, alternate sites were given to the allottees of sites. The petitioner claims that the respondent was not justified in allotting an alternate site to one Mr.Suresh against whom RFA No.1237/2020 is pending. The petitioner claims that the respondent had allotted a site bearing No.151 to Mr.Suresh and had executed a sale deed dated 22.08.2005. She therefore submits that she is entitled to allotment of an alternate site and that Mr.Suresh is not entitled to the said site. In that regard, she submitted representations on 04.03.2020, 07.12.2020 and 29.11.2021. The petitioners contend that the said representations are not considered. 3. The learned Senior Counsel for the petitioners submitted that in the cancellation of the sale deed in favour of the petitioner, there is a reference to the sale deed dated 30.05.2005 executed in favour of petitioner and that it is mentioned therein that an alternate site would be in the name of the petitioner. He therefore contends that it is incumbent upon the respondent to allot the alternate site to the petitioner. 4. When once the petitioner has already conveyed the site to one Mr.Suresh and that the Bengaluru Development - 4 - HC-KAR NC: 2026:KHC:30292 WP No. 18330 of 2022 Authority had cancelled the sale deed executed by it in favour of the petitioner on account of the land being excluded from acquisition, the petitioner does not get any locus to seek for alternate site. If any person is entitled for an alternate site, it is only Suresh and no one else. 5. In that view of the matter, no indulgence can be shown to the petitioner in this writ petition. Accordingly, the petition is dismissed. It is needless to mention that the allotment of alternate site No.151 to Mr.Suresh shall be subject to the outcome of the appeal filed by the petitioner in RFA No.1237/2020. 6. Consequently, all pending applications, if any, stand disposed of. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 13