- 1 - HC-KAR CNR: KAHC010299002026 NC: 2026:KHC:40635 WP No. 13301 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 13301 OF 2026 (BDA) BETWEEN: M.C. NARAYANAPPA S/O LATE M.P. RAMAPPA, AGED ABOUT 86 YEARS, R/AT H.NO.75, 3RD CROSS, CENTRAL REVENUE LAYOUT-2, BEHIND VEERANJANEYA SWAMY TEMPLE, DR. SHIVARAMA KARANTH NAGAR POST, BENGALURU-560077 …PETITIONER (BY SRI. GAGAN M.R., ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560020 2. THE DEPUTY SECRETARY, BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560020 …RESPONDENTS (BY SRI. KARTHIKEYAN B.S., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010299002026 NC: 2026:KHC:40635 WP No. 13301 of 2026 31.01.2026 FOUND AT (ANNEXURE - M) AND CONSEQUENTIALLY ALLOT SITE NO. 3674, BLOCK-VI, SIR M. VISVESHWARAYA LAYOUT, BENGALURU, IN FAVOUR OF THE PETITIONER AS AN ALTERNATIVE SITE IN LIEU OF SITE NO. 1037, BLOCK-IV, SIR M. VISVESHWARAYA LAYOUT, BENGALURU OR IN THE ALTERNATIVE, DIRECT THE RESPONDENTS TO ALLOT ANY OTHER ALTERNATIVE SITE IN SIR M. VISVESHWARAYA LAYOUT, BENGALURU OF EQUAL DIMENSION MEASURING 15X24 METERS, AS MENTIONED IN THE ALLOTMENT LETTER DATED 07.04.2003 ISSUED IN FAVOUR OF THE PETITIONER FOUND AT (ANNEXURE- A). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has filed this petition seeking for a writ in the nature of mandamus to direct the respondents to consider his representation dated 31.01.2026 and allot site No.3674, Block - VI, Sir M.Vishveshwaraiah Layout, Bengaluru in his favour as an alternate site in lieu of Site No.1037 of Block - IV, Sir M.Vishveshwaraiah Layout, Bengaluru. He has also sought for a writ in the nature of mandamus to direct the respondents to allot any other alternate site in Sir M. Vishveshwaraiah - 3 - HC-KAR CNR: KAHC010299002026 NC: 2026:KHC:40635 WP No. 13301 of 2026 Layout, Bengaluru, of equal dimension measuring 15 x 24 meters as mentioned in allotment letter dated 07.04.2003. 2. (i) The petitioner claims that he was allotted site No.1037 situate in Block-IV of Sir M.Visveshwaraiah Layout, Bengaluru, measuring 15 x 24 meters, in terms of a letter of allotment dated 07.04.2003. The petitioner complied with the terms of the allotment and remitted the allotment price within the stipulated time. Thereafter, respondent No.1 issued a notice dated 14.10.2004 stating that the allotment of site was the subject matter of litigation and that this Court had granted an interim order of stay. Respondent No.1 therefore, sought the willingness of the petitioner either to await the outcome of the litigation or to opt for an alternative site. The petitioner expressed his willingness to await the outcome of the litigation. (ii) The petitioner claims that he was relentlessly pursuing the matter with the respondents and submitted several representations. However, respondents did not execute the conveyance deed in respect of the site No.1037 situate at Block-IV of Sir M.Visveshwaraiah Layout, Bengaluru. Thereafter - 4 - HC-KAR CNR: KAHC010299002026 NC: 2026:KHC:40635 WP No. 13301 of 2026 in the year 2018, he was informed by respondents that it had decided to take over the said site along with the adjoining properties for the development of a housing project. The petitioner therefore, submitted a representation dated 15.12.218 seeking allotment of an alternative site. After persistent follow-up, the petitioner was informed by respondents that site No.1015 in Block-IV, Sir M.Visveshwaraiah Layout, Bengaluru was available for allotment in his favour. Thus, the petitioner requested allotment of site No.1015 situate at Block-IV of Sir M.Visveshwaraiah Layout, Bengaluru. However, it appears that site No.1015 was already allotted earlier and though the allotment was subsequently cancelled and the site was treated as stray site, the petitioner was later informed that it was not available for allotment. (iii) The petitioner then secured information that site No.2867/1 in Block-IV of Sir M.Visveshwaraiah Layout, Bengaluru was available for allotment. Accordingly, he submitted a representation dated 29.04.2024. However, the said site was not allotted to him on the ground that it was the - 5 - HC-KAR CNR: KAHC010299002026 NC: 2026:KHC:40635 WP No. 13301 of 2026 subject matter of litigation. Thereafter, the petitioner was informed that site No.490 in Block-IV of Sir M.Visveshwaraiah Layout, Bengaluru was available for allotment, pursuant to which, he made a representation dated 15.05.2025. However, the respondents informed him that the said site was not available. The petitioner was again informed that the site No.3674 in Block-VI of Sir M.Visveshwaraiah Layout, Bengaluru is available for allotment. Hence, he submitted a representation dated 04.08.2025 seeking allotment of site No.3674 as an alternate site. The petitioner claims that the respondents have not considered the said representation and therefore seeks for a direction to consider his representation dated 31.01.2026 or in the alternative to allot an alternate site of the same dimension. 3. Learned counsel for the respondents submits that the claim of the petitioner would be examined and suitable orders will be passed regarding allotment of an alternate site. 4. The petitioner is aged about 86 years and is an ex- service man who is pursuing his lawful entitlement for nearly - 6 - HC-KAR CNR: KAHC010299002026 NC: 2026:KHC:40635 WP No. 13301 of 2026 23 years. It is unfortunate that the respondents have treated a senior citizen so despicably. If the petitioner was allotted a site, which later became the subject matter of litigation, it was the bounden duty of the respondents to ensure that a suitable alternate site is allotted to him at the earliest. 5. Accordingly, this writ petition is allowed and the respondents are directed to consider the representation of the petitioner dated 31.01.2026. If site No.3674, Block-VI or site No.1037, Block-IV of Sir M. Visveshwaraiah Layout, Bengaluru are not allotted to any other person, the respondents shall forthwith take steps to allot the said site or any other site to the petitioner of same dimension as an alternative site in lieu of site No.1037, Block-IV of Sir. M.Visveshwaraiah Layout allotted to him. This shall be complied within a period of one month from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 21