- 1 - HC-KAR CNR: KAHC010320992026 NC: 2026:KHC:46291 WP No. 14820 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 14820 OF 2026 (BDA) BETWEEN: 1. SRI B R NAGENDRA BABU S/O.LATE. B. RAMANATHA SETTY, AGED ABOUT 66 YEARS, [AMENDMENT CARRIED OUT VIDE COURT ORDER DATED 27.08.2026] 2. SMT.B.N.LAKHSMINARASAMMA, W/O.B.R.NAGENDRA BABU, AGED ABOUT 65 YEARS, BOTH R/AT: NO. 199, KRISHNA NILAYA, 1ST FLOOR, 68TH CROSS, 5TH BLOCK, RAJAJINAGAR, BENGALURU-560 010. …PETITIONERS (BY SRI. SUNDARESH H C., ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALUR-560 020. Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010320992026 NC: 2026:KHC:46291 WP No. 14820 of 2026 2. THE DEPUTY SECRETARY-3, BENGALURU DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALUR-560 020. …RESPONDENTS (BY SRI.N.R.GIRISHA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES OF 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT THE RESPONDENTS TO CONSIDER PETITIONERS REPRESENTATION DATED 07.03.2026 AS PER ANNEXURE-K FOR ALLOTMENT OF SITE BEARING NO.2485, MEASURING 30X40, SITUATED AT BANASHANKARI 6TH STAGE, 3RD BLOCK LAYOUT AS AN ALTERNATIVE SITE IN FAVOUR OF PETITIONERS OR ALLOT ANY OTHER SITES IN THE SAME LAYOUT OR ANY OTHER EQUALLY FORMED LAYOUT IN LIEU OF SITE BEARING NO.89, MEASURING 30X40, SITUATED AT GNANABHARATHI LAYOUT AS PER THE RECOMMENDATION MADE BY EXECUTIVE ENGINEER, DEPUTY SECRETARY, LAW OFFICER, AS PER THE NOTE SHEET PREPARED BY THE RESPONDENT AS PER ANNEXURE-G AND ALSO AS PER THE DECISION TAKEN BY THE RESPONDENT IN HIS MEETING IN SUBJECT NO.50 AS PER ANNEXURE-H. 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 - 3 - HC-KAR CNR: KAHC010320992026 NC: 2026:KHC:46291 WP No. 14820 of 2026 ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to direct the respondents to consider the representation dated 07.03.2026 for allotment of site bearing No.2485 at Banashankari 6th Stage, 3rd Block Layout, as an alternate site or allot any other site in the same layout of a equal dimension in lieu of site No.89, measuring 30X40 situate at Gnanabharathi Layout. 2. (i) The petitioners contend that the respondent No.1 had allotted site No.89 at Gnanabharathi Layout, Nagadevanahalli Block - 2 in favour of Mr.Jairaj, in terms of a letter of allotment dated 21.02.2000. A sale deed was also executed in favour of Mr.Jairaj. The petitioners jointly purchased the said site from Mr.Jairaj in terms of a sale deed dated 24.08.2005 and are in possession of the said site. (ii) The petitioners contend that site No.89 was formed in Sy.No.124 of Nagadevanahalli and the owner of the said survey number filed W.P.No.11063/2014 challenging the acquisition proceedings. The said writ petition was allowed and - 4 - HC-KAR CNR: KAHC010320992026 NC: 2026:KHC:46291 WP No. 14820 of 2026 the acquisition proceedings was quashed as per the order dated 19.07.2017. The respondent No.1 filed W.A.No.738/2018 which was dismissed in terms of the order dated 03.12.2019, which was unsuccessfully challenged before the Hon'ble Supreme Court in SLP No.3909/2021. It is claimed that the owners of the land in Sy.No.124 took possession of the land pursuant to the acquisition proceedings being set at nought. (iii) The petitioners then filed a representation before the respondent No.2 for allotment of an alternate site. The Deputy Secretary-3/respondent No.2 in his note dated 09.03.2026 directed the Executive Engineer to conduct a spot inspection and submit a report. The Executive Engineer visited the spot and submitted a report that the owners of Sy.No.124 had taken over the entire land including site No.89 that was allotted to a vendor of the petitioners. (iv) On the basis of the report, the case was referred to the law officer of the respondent No.1, who furnished a report recommending for allotment of an alternate site. The petitioners contend that a proposal was placed before the committee for allotment of alternate site and that the - 5 - HC-KAR CNR: KAHC010320992026 NC: 2026:KHC:46291 WP No. 14820 of 2026 committee took a decision to allot a site in the same layout and authorized the Commissioner of the respondent No.1 to take necessary steps to allot the site. (v) The petitioners contend that they submitted another representation dated 07.03.2026 requesting the respondents to allot site No.2485 situate at Banashankari 6th Stage, 3rd Block, as the same was vacant and was not allotted to any third party. The petitioners contend that their representation is not considered and therefore seek a direction to the respondents to consider the representation and allot site No.2485 at Banashankari 6th Stage, 3rd Block or any other site in a nearby layout. 3. The learned counsel for the petitioners reiterated above submissions. 4. The learned counsel for the respondents on the other hand contended that the respondents would consider the request of the petitioners in accordance with law and pass appropriate orders. - 6 - HC-KAR CNR: KAHC010320992026 NC: 2026:KHC:46291 WP No. 14820 of 2026 5. In view of the aforesaid submission of the learned counsel for the respondents, the following order is passed: ORDER i. This writ petition is allowed; ii. The respondents are directed to consider the request of the petitioners dated 07.03.2026 and if feasible to allot site No.2485 at Banashankari 6th Stage, 3rd Block or any other site of the same dimension in any nearby layout, in accordance with law. iii. This shall be complied within a period of three months from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 19