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2026 DAILYLAW 25327 (KAR)

RAJAJINAGAR CO OPERATIVE SOCIETY LTD., v. THE BANGALORE DEVELOPMENT AUTHORITY

WP/7030/2026 · 2026-06-16

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29301 WP No. 7030 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 7030 OF 2026 (BDA) BETWEEN: RAJAJINAGAR CO-OPERATIVE SOCIETY LTD., REPRESENTED BY ITS SECOND DIVISION ASSISTANT, RAGHUNATH S/O CHIKKARAMAIAH, AGED ABOUT 58 YEARS, NO 338-A, 3RD BLOCK, BASHYAM CIRCLE, RAJAJINAGAR, BANGALORE-560010 …PETITIONER (BY SRI. S B TOTAD, ADVOCATE) AND: 1. THE BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER, T CHOWDAIAH ROAD, KP WEST, BANGALORE-560020 2. THE SECRETARY, THE BANGALORE DEVELOPMENT AUTHORITY, BY ITS COMMISSIONER, T CHOWDAIAH ROAD, K P WEST, BANGALORE-560020 …RESPONDENTS (BY SRI.LAKSHMEESH RAO, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION OF THE PETITIONER SOCIETY DATED 13.11.2018 AND 18.02.2026 FOR Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29301 WP No. 7030 of 2026 EXTENSION OF LEASE PERIOD FOR FURTHER THIRTY YEARS AT ANNEXURE K AND L. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 respondent-1 to consider its representations dated 13.11.2018 and 18.02.2026 and to extend the lease period for a further period of 30 years in respect of the civic amenity site No.1/B, M.C. Layout, Vijayanagar, Bengaluru and enter into a fresh lease agreement. 2. (i) The petitioner claims that it is a Co-operative Society registered under the Karnataka Co-operative Societies Act, 1959. It was allotted a civic amenity site No.1/B, Magadi Chord Road, M.C. Layout, Vijayanagara and an agreement of lease was entered into on 01.03.1977 between the petitioner and the respondent No.1 for a period of thirty years. As per the terms of the agreement, the petitioner agreed to pay an annual lease amount of Rs.20,446/-. It contends that it submitted a representation to the respondent No.1 to indicate the balance - 3 - HC-KAR NC: 2026:KHC:29301 WP No. 7030 of 2026 lease amount and the tax for the civic amenity site payable. It claims that from the year 2002, it has been making several representations to the respondent No.1 to furnish the bill for the balance of the lease amount payable and the tax. (ii) It is claimed that another representation dated 25.05.2006 was made to the respondent No.1 that the lease period was going to expire on 01.03.2007 and hence, it requested the lease to be extended for further period of thirty years. This was followed by another representation dated 03.06.2008, requesting for extension of the lease period. Another representation dated 16.07.2018 was made for the same purpose, followed by a representation dated 13.11.2018 and 18.02.2026. The petitioner contends that till date, the representations of the petitioner is not considered and therefore seeks for a direction to the respondents to consider the representation dated 13.11.2018 and 18.02.2026. It has also sought for a direction to the respondent No.1 to extend the tenure of the lease for a further period of thirty years and execute a fresh agreement. - 4 - HC-KAR NC: 2026:KHC:29301 WP No. 7030 of 2026 3. Learned counsel for the petitioner reiterated the above submissions. 4. Learned counsel for the respondents upon seeking instructions submits that the respondents shall consider the representations in accordance with law and pass appropriate orders. 5. In view of the above, the following order is passed; ORDER i. The petition is allowed; ii. The respondent No.1 is directed to consider the representations of the petitioner dated 13.11.2018 and 18.02.2026 and pass appropriate orders, this shall be done within a period of three months from the date of receipt of a certified copy of this order. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 36