- 1 - HC-KAR NC: 2026:KHC:223-DB WA No. 913 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 913 OF 2025 (BDA) BETWEEN: 1. SRI. BETTASWAMY S/O LATE CHIKKABORAIAH, AGED ABOUT 65 YEARS RESIDENT OF BELAGUMBA VILLAGE, KASABA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT …APPELLANT (BY SRI. SRIKANTH M P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, BENGALURU - 560001 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY BANGALORE - 560001 …RESPONDENTS (BY SRI. G.S.ARUNA, HCGP) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 31.01.2025 OF THE LEARNED SINGLE JUDGE PASSED IN WP No. 7592/2021 (BDA) AND PASS ANY ORDER OF CONSEQUENTIAL RELIEF OR ANY OTHER APPROPRIATE ORDER OR DIRECTION AS THIS HON'BLE COURT DEEMS FIT IN Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:223-DB WA No. 913 of 2025 THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal is filed impugning the judgment and order dated 31.01.2025 passed by the learned Single Judge in W.P.No.7592/2021 filed by the appellant/petitioner impugning the endorsement dated 02.02.2021 issued by the Commissioner, Bangalore Development Authority, Bangalore whereby the 'G' category site allotted to the appellant/petitioner bearing No.949/C, measuring 30 x 40 feet situated at BTM, 4th Stage, 2nd Block, Bangalore has been cancelled on the ground that the said allotment was made against the Sub Rule (3) of the Rule 10 of the Bangalore Development Authority (Allotment of Sites) Rules, 1984. - 3 - HC-KAR NC: 2026:KHC:223-DB WA No. 913 of 2025 2. The 'G' category site can be allotted to a person who has not been allotted any site by the Government or the Local Authority or a Housing Society. As there were lots of complaints against the allotment of sites under 'G' category, an Enquiry Committee was constituted to enquire the issue regarding legality/irregularities of allotments made under 'G' category. The appellant/petitioner had voluntarily disclosed before the Enquiry Committee that he had been allotted a site by the Government Press Employees House Building Co-operative Society. The Enquiry Committee thereafter directed the respondent-BDA to cancel the site allotted in favour of the appellant/petitioner. The appellant/petitioner meanwhile made a representation to the respondent- BDA to execute the deed of sale in his favour. The said representation was not considered which constrained the appellant/petitioner to approach this Court by filing W.P.No.40347/2017 that was however withdrawn in view of the report filed by the Enquiry Committee. 3. Pursuant to the Enquiry Committee report, a show cause notice dated 11.05.2018 was issued by the respondent- - 4 - HC-KAR NC: 2026:KHC:223-DB WA No. 913 of 2025 BDA, calling upon the appellant/petitioner to show cause as to why necessary action be not taken in canceling the deed in respect of the 'G' category site allotted to him. The appellant/petitioner again approached this Court by filing W.P.No.27431/2018 impugning the show cause notice issued to the appellant/petitioner. The learned single Judge dismissed the writ petition holding that the appellant/petitioner had approached this Court pre-maturely and granted liberty to submit an explanation to the show cause notice that was issued by the respondent-BDA. Subsequently, the appellant/petitioner submitted the explanation to the show cause notice which was not considered. Thereafter, the appellant-petitioner initiated the contempt proceedings in C.C.C.No.648/2020 alleging non compliance of directions issued by this Court. However, the same was disposed of by imposing cost of Rs.15,000/- on the respondent-BDA. The BDA thereafter, having considered the explanation has cancelled the 'G' category site allotted to the appellant/petitioner vide endorsement dated 02.02.2021. 4. The said endorsement came to be challenged by filing third writ petition as mentioned above. The learned Single - 5 - HC-KAR NC: 2026:KHC:223-DB WA No. 913 of 2025 Judge having considered the facts and circumstances of the case and also on considering the fact that the allotment of 'G' category site to the appellant/petitioner was against the statutory prescription, has dismissed the petition. 5. Learned counsel for the appellant/petitioner submits that the explanation to the show cause notice submitted by the appellant/petitioner was not considered properly, and the endorsement is not as per the order dated 23.09.2019 passed in W.P.No.27431/2018 by the learned Single Judge. He submits that the learned Single Judge has failed to take note of this fact while dismissing the writ petition. 6. Sub Rule (3) of the Rule 10 of the Bangalore Development Authority (Allotment of Sites) Rules, 1984 on reproduction would reads as under: "10. Eligiblity - No person- (1) xxx (2) xxx (3) who or any dependent member of whose family, owns a site or a house or has been allotted a site or a house by the Bangalore Development Authority or a Co-operative Society registered under the Karnataka Co-operative Society Act, 1959 (Karnataka Act 11 of 1959) or any such other Authority within the Bangalore Metropolitan Area or has been allotted a site or a house in any part in - 6 - HC-KAR NC: 2026:KHC:223-DB WA No. 913 of 2025 the State by any other Urban Development Authority or the Karnataka Housing Board or such other agency of the Government; shall be eligible to apply for allotment of a site." 7. We have asked the learned counsel for the appellant/petitioner that what is his right to hold the 'G' category site where the allotment was in accordance with the Rules as the statutory prescription is that a person who holds a site allotted by the Government, Bangalore Development Authority or a Co-operative society would not be entitled for allotment of 'G' category site. The appellant/petitioner was allotted the site by the Government Press Employees House Building Co-operative Society, therefore, the appellant/petitioner was not entitled for allotment of 'G' category site. We do not find any error in the impugned judgment and order passed by the learned Single Judge and accordingly, the writ appeal is dismissed. No costs. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE RKA: List No.: 1 Sl No.: 8