- 1 - HC-KAR NC: 2026:KHC:30293 WP No. 546 of 2025 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. 546 OF 2025 (BDA) BETWEEN: SRI KUMAR SWAMY HIREMATH S/O LATE SHIVAPUJAYYA AGED 53 YEARS R/AT NO 230, BDA MAIN ROAD NEAR ST. PAULS HIGH SCHOOL PATTEGARPALYA CIRCLE VIJAY NAGAR NORTH BENGALURU 560079 …PETITIONER (BY SRI. ANITHA H R., ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU 560020 2. DEPUTY SECRETARY-4 BENGALURU DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU 560020 3. THE REVENUE OFFICER WEST DIVISON BENGALURU DEVELOPMENT AUTHORITY NEXT TO VALGERAHALLI BDA Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30293 WP No. 546 of 2025 INDRAPRASTHA APARTMENTS VALAGEREHALLI, MSYORE ROAD BENGALURU 560060 …RESPONDENTS (BY SRI. MANJUNATHA N BYRAREDDY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO REGISTERED THE ALLOTTED SITE IN HIS NAME IMMEDIATELY WITHIN ONE MONTH SITE NO.B5-S.H.2853 ALLOTTED ON 08.01.2018 WITHIN ONE MONTH ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a direction to the respondent No.2 to register the site allotted to her and to change the khatha after registering the sale deed. 2. (i) The petitioner claims that he filed an application for allotment of a site in Nadaprabhu Kempegowda Layout. The respondent No.2 allotted a site on 22.12.2016. The petitioner did not pay the full amount and therefore, he surrendered the site and the respondent-Bengaluru Development Authority (henceforth referred to as ‘respondent-BDA’) returned the - 3 - HC-KAR NC: 2026:KHC:30293 WP No. 546 of 2025 money that was deposited by the petitioner. He thereafter submitted another application for allotment of the site in the same layout on 16.12.2017. The respondent No.2 allotted a site bearing No.B5-S.H.2853 on 08.01.2018, a no objection was also issued by the respondent No.2 on 12.01.2018, permitting the petitioner to raise a loan. The petitioner claims that he raised a loan of Rs.43,00,000/- from HDFC Bank and another Rs.10,00,000/- from his friends and relatives. He paid a sum of Rs.52,31,255/- within 30 days from the date of the letter of allotment. However, the site was not registered due to COVID pandemic. (ii) The respondent No.2 again demanded Rs.7,25,424/- being the interest. The petitioner submitted a representation stating that the earlier allotment of site was cancelled and therefore he was not required to pay any interest for the subsequent allotment and hence requested the respondent-BDA to exempt him from interest. This representation was rejected by the respondent No.1, following which, the petitioner paid a sum of Rs.7,25,424/- on 10.10.2022. The petitioner claims that even after paying the - 4 - HC-KAR NC: 2026:KHC:30293 WP No. 546 of 2025 entire amount as demanded, the respondent No.2 postponed the registration of the site on one or the other reason. (iii) Thereafter, the respondent No.2 again issued another notice calling upon the petitioner to pay a sum of Rs.4,135/-, which was also paid on 14.06.2024. Despite the attempts by the petitioner to get a sale deed from the respondents, nothing happened and in the meanwhile, the respondent No.2 informed the petitioner orally that the site that was allotted to the petitioner was already registered in favour of someone else. The petitioner claims that he then submitted a request before the respondent No.2 for allotment of an alternate site in the same layout. However, the said application is not considered. The petitioner is therefore before this Court seeking for a direction to the respondent-BDA to execute a sale deed in respect to the site that was allotted. 3. The learned counsel for the petitioner reiterated the above submissions and submitted that even after the petitioner has paid a huge sum of money, the respondent No.2 has failed to act and has failed to conclude the transaction by executing a deed of absolute sale. - 5 - HC-KAR NC: 2026:KHC:30293 WP No. 546 of 2025 4. Per contra, the learned counsel for the respondent Nos.1 to 3 submits that after the petitioner was informed that the site allotted to him was already conveyed to another person, the petitioner submitted a representation on 11.07.2024, requesting the respondents to allot an alternate site in the same Layout. Acting on the said request, the respondent Nos.1 to 3 have allotted a site bearing No.B7-SF- 3238 in Sy.No.34/1 of Bheemanakuppe Village, in the same layout. He therefore submits that the petitioner cannot now turn around and claim that the earlier site that was allotted to him be conveyed. The learned counsel has placed on record a copy of the letter of allotment and the correct dimension certificate of the alternate site allotted to the petitioner. 5. In view of the fact that the petitioner had made a request for allotment of an alternate site as site No.B5.S.H.2853 that was allotted to him earlier on 08.01.2018 was already the subject matter of a conveyance in favour of one Smt.M.Shivajyothi, the petitioner cannot now turn around to claim the very same site, after the respondents have taken a - 6 - HC-KAR NC: 2026:KHC:30293 WP No. 546 of 2025 decision to allot an alternate site and have taken steps in allotting an alternate site. 6. In that view of the matter, no direction can be issued to the respondent to convey the site that was earlier allotted to him. It is open for the petitioner to accept the site No.B7-SF-3238 as per the letter of allotment dated 02.08.2025. If the petitioner fails to accept the allotment within two months, the allotment of site No. B7-SF-3238 shall stand cancelled and to be open for the petitioner to work out his remedy in accordance with law. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 14