- 1 - HC-KAR NC: 2026:KHC:2800 WP No. 19091 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 19091 OF 2024 (GM-ST/RN) BETWEEN: SRI DR N KUMARA 5/0.LATE GURUKAR NAGAPPA, AGED ABOUT 63 YEARS, R/AT NO.92, 2ND CROSS, KAPILA MARGA, 1ST STAGE, NANDINI LAYOUT, ALANAHALLI, MYSURU-570028. …PETITIONER (BY SRI. NANJUNDA SWAMY N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, DR. AMBEDKAR ROAD, BENAGLURU-560 001 REPRESENTED BY ITS SECRETARY. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2800 WP No. 19091 of 2024 2. THE COMMISSIONER, MYSURU URBAN DEVELOPMENT AUTHORITY, MYSURU DISTRICT, MYSURU-570 005. 3. SRI. SUHAS.T.P S/O. SRI. PRABHUSWAMY, AGED ABOUT 33 YEARS, R/AT NO.388, 6TH MAIN, 'B' BLOCK, DATTAGALLI, 3RD STAGE, NEAR NANDI CIRCLE, KANAKADASANAGARA, MYSURU 570 023. …RESPONDENTS (BY SRI.B. RAVINDRANATH., AGA FOR R1; SRI. T.P. VIVEKANANDA., ADVOCATE FOR R2; SRI. VIKRAM PHADKE., ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO A) QUASH THE E-AUCTION CONDUCTED ON 18/03/2022, IN RESPECT OF SITE NO. 1280 I.E. SCHEDULE PROPERTY PASSED BY THE R2 AS PER ANNEXURE-L; B) DIRECT THE R2 TO CANCEL THE E-AUCTION CONDUCTED ON 18/03/2022 IN RESPECT OF SITE NO. 1280 I.E. SCHEDULE PROPERTY; C) DIRECT THE R2 TO CANCEL THE REGISTERED SALE DEED DATED 26/12/2022 - 3 - HC-KAR NC: 2026:KHC:2800 WP No. 19091 of 2024 EXECUTED BY THE R2 IN FAVOUR OF THE R3 IN RESPECT OF SITE NO. 1280 I.E. SCHEDULE PROPERTY, REGISTERED AS DOCUMENT NO. MDA- 1-01699/2022-23, STORED IN CD NO. MDAD-975, DATED 26/12/2022, BEFORE THE OFFICE OF ADDL. DISTRICT SUB-REGISTER, MYSURU DEVELOPMENT AUTHORITY, MYSURU, AS PER ANNEXURE-L. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the auction of the site allotted to him. The second respondent [MUDA) has auctioned site No.1280 in Lalithadri Nagar South Layout, Mysuru to the third respondent and the MUDA's response in its material part is as under: 3. When things stood thus, by inadvertence, this respondent offered the same site i.e., site No.1280 for sale through - 4 - HC-KAR NC: 2026:KHC:2800 WP No. 19091 of 2024 public auction by way of E-auction notification dated 18.03.2022. The 3rd respondent emerged as the successful bidder. After confirmation of sale, an absolute sale deed has been executed on 26.12.2022 in favour of the third respondent. It is in the aforesaid circumstances, the petitioner is before the Hon'ble Court. 4. Upon receipt of the legal notice dated 13.03.2024 so also the notice in the aforesaid writ petition the entire matter has been examined. It came to light that without noticing the allotment of site No.1280 in favour of the petitioner herein, the very same site has been auctioned in favour of Respondent No.3. The petitioner is aggrieved because the site that is allotted to him has been sold in auction to the third respondent, and the third respondent seeks vacation of the interim order granted by this Court on 22.07.2024 asserting, amongst others, that he has availed a loan and is discharging the loan. Sri T.P.Vivekananda, the learned counsel for the second respondent, submits that this Court may - 5 - HC-KAR NC: 2026:KHC:2800 WP No. 19091 of 2024 consider disposing of the petition in the light of the reasons stated in the afore Paragraphs and with liberty to the second respondent to place on record the details of the alternative site that could be offered to the petitioner. Both Sri Nanjunda Swamy and Sri.Vikram Phadke, the learned counsels for the petitioner and the third respondent respectively, together with Sri T.P.Vivekananda, the learned counsel for the third respondent, submit the following. [a] The Mysore Urban Development Authority [MUDA] - the second respondent is willing to allot either site No.652 or Site No.250 or Site No.1470 in Lalithadri Nagar South Layout, Mysuru. [b] The petitioner has inspected all the three properties and he is willing to accept site No.652 in lieu of site No.1280 allotted to him and the third respondent. - 6 - HC-KAR NC: 2026:KHC:2800 WP No. 19091 of 2024 [c] The petitioner has paid a total sum of Rs.1,91,795/- as cost of stamp duty and registration fee not just for the Lease-cum- Sale Agreement executed for the site No.1208 but also earlier Lease-cum-Sale Agreement which is cancelled. [d] The petitioner has paid a sum of Rs.12,000/- in taxes. [e] The MUDA will transfer Rs.1,91,795/- to the petitioner and allot site No.652 in Lalithadri Nagar, South Layout, Mysuru, without any additional cost. [f] The petitioner will have to incur the stamp and registration fee for the execution of the Lease-cum-Sale agreement and that the MUDA will execute a sale deed for this site No.652 immediately after the petitioner completes construction therein after obtaining necessary approvals. - 7 - HC-KAR NC: 2026:KHC:2800 WP No. 19091 of 2024 [g] The MUDA will also allow set off for a sum of Rs.12,000/- paid by the petitioner as property tax for the earlier allotment upon execution of the Lease-cum-Sale Agreement for the now allotted site. In the light of these unanimous submissions, the petition stands disposed of by the following: ORDER The Lease-cum-Sale agreement executed on 20.07.2021 and the allotment in favour of the petitioner stands quashed subject to the following conditions: [A] The MUDA shall, within eight [8] weeks from the date of receipt of a certified copy of this order, issue allotment letter to the petitioner for the site bearing No.652 in Lalithadri Nagar, South Layout, Mysuru - 8 - HC-KAR NC: 2026:KHC:2800 WP No. 19091 of 2024 without asking for any additional costs towards allotment. [B] The petitioner shall comply with all the requirements to be entitled for Lease-cum- Sale agreement and sale deed for this site. [C] The MUDA shall also reimburse Rs.1,91,795/- to the petitioner within eight [8] weeks from the date of receipt of a certified copy of this order and also admit the petitioner to set off on property tax for a value of Rs.12,000/- as stated before this Court. SD/- (B M SHYAM PRASAD) JUDGE NV