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2026 DAILYLAW 25011 (KAR)

SRI NAGENDRA NAIK v. THE STATE OF KARNATAKA

WP/5904/2026 · 2026-06-18

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30539 WP No. 5904 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 5904 OF 2026 (BDA) BETWEEN: SRI NAGENDRA NAIK S/O SRI. LATE KRISHNA NAIK AGED ABOUT 58 YEARS, RESIDING AT NO.373, 1ST BLOCK, BANASHANKARI 6TH STAGE, R.R. NAGAR POST, THALAGHATTAPURA, BENGALURU - 560 062. …PETITIONER (BY SRI. PRAKASHA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, RURAL AND URBAN DEVELOPMENT VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST, BENGALURU - 560 020. 3. THE ASSISTANT EXECUTIVE ENGINEER BENGALURU DEVELOPMENT AUTHORITY BDA COMPLEX, BANASHANKARI 6TH STAGE, BENGALURU - 560 020. …RESPONDENTS (BY SRI. ADITYA DIWAKAR, AGA FOR R1; SRI H.T. BASAVARAJA, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30539 WP No. 5904 of 2026 AUTHORITIES TO CONSIDER THE REPRESENTATION DATED 06.07.2015 AND 28.10.2025 VIDE ANNEXURES-B AND B1, AND TO ALLOT THE MARGINAL LAND IDENTIFIED AS SITE NO.372/A, 1ST BLOCK, BSK 6TH STAGE, BENGALURU AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondents to consider the representations dated 06.07.2015 and 28.10.2015 and to allot the marginal land identified as Site No.372/A, 1st Block, Banashankari 6th Stage, Bengaluru and to issue appropriate direction to the authorities, not to allot the marginal site to any other person, pending disposal of writ petition. 2. The petitioner claims that one Sri.Byya Reddy and his wife Smt.Shakunthalamma was allotted a site measuring 30 feet x 40 feet. A sale deed was executed by the respondent in favour of Sri.Byya Reddy and his wife, Smt.Shakunthalamma on 09.04.2014. Thereafter, the said Sri.Byya Reddy and his wife sold the said property to Sri.E.Muniraju, son of Late - 3 - HC-KAR NC: 2026:KHC:30539 WP No. 5904 of 2026 Eerappa, from whom the petitioner purchased in terms of a sale deed dated 25.06.2014. He contends that adjacent to the aforesaid site, there is a site No.372/A on the western side, which measures 8 feet x 40 feet. The petitioner, therefore, made a representation before the respondents for allotment of the site bearing No.372/A as it was a marginal land. The petitioner has contended that the site No.372/A is neither allotted to anyone or is sold in a public auction and as it is a very small site, it cannot be used for any purpose. The petitioner submits that his representations are not considered and therefore, he is before this Court seeking for a direction as stated above. 3. The learned counsel appearing for the petitioner reiterated the above submissions. 4. The learned counsel appearing for respondent Nos.2 and 3 submitted that the representations of the petitioner would be considered in accordance with law and if the petitioner is entitled for allotment of the Site No.372/A, the same shall be considered in accordance with law. - 4 - HC-KAR NC: 2026:KHC:30539 WP No. 5904 of 2026 5. In view of the aforesaid, the following: ORDER i) Writ Petition is disposed of. ii) Respondent Nos.2 and 3 are directed to consider the representations of the petitioners dated 06.07.2015 and 28.10.2025 and if the petitioner is entitled for allotment of Site No.372/A, the same shall be considered, within a period of three months from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE DH List No.: 1 Sl No.: 65