- 1 - HC-KAR NC: 2026:KHC:23906 WP No. 2246 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO.2246 OF 2026 (BDA) BETWEEN: 1. MR. MITHUN S. SHETTY, AGED ABOUT 42 YEARS, S/O SUDHAKAR, R/AT NO.27, PADMA NILAYA, KUDURAGUNDI TOWN, KUDURAGUNDI MAIN ROAD KOPPA TALUK, KOPPA, CHIKKAMAGALURU KARNATAKA-577127. ALSO AT NO.11, SHAMBHAVI, 3RD CROSS ROAD, OPP. TO SK HOSPITAL, TEACHERS LAYOUT, NAGARABAVI, BANGALORE – 560072. …PETITIONER (BY SRI. SHANTHI BHUSHAN H., ADVOCATE) AND: 1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BANGALORE – 560020. 2. THE DEPUTY COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BANGALORE – 560020. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23906 WP No. 2246 of 2026 3. THE SECRETARY, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BANGALORE – 560020. 4. NAMRATHA P., AGED ABOUT 28 YEARS, D/O C.M. PUTTASWAMY R/AT NO.002, CAUVERY E BLOCK BDA FLATS, VALAGERAHALLI, R.V. NIKETAN, KENGERI, BENGALURU - 560059. …RESPONDENTS (BY SRI. K. KRISHNA, ADVOCATE FOR R1 TO R3; SRI. FRANCIS XAVIER, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED FLAT ALLOTMENT LETTER DATED 06.11.2025 BEARING NO.Ě’г.е.Ęỳł/йĘỳ-4/B3-702/2025-2026 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURE-N AND TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION DIRECTING THE RESPONDENTS TO ALLOT THE BDA FLAT IN FLAT NO.B3-702 IN BDA INDRAPRASTA APARTMENT, VALAGERAHALLI, 5TH PHASE TO THE PETITIONER, VIDE ANNEXURE-B. THIS PETITION COMING ON FOR FRESH MATTERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:23906 WP No. 2246 of 2026 CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER This petition is delinked from W.P.No.3675/2026. 2. This petition has been filed by the petitioner seeking for setting aside of the allotment letter dated 06.11.2025 at Annexure-N. In terms of Annexure-N, the respondent Bengaluru Development Authority (for short ‘BDA’) has issued an allotment letter with respect to flat situated at Valagerahalli, Phase 5, i.e., Flat No.B3-702 to one Smt. Namratha P, the respondent No.4. 3. After hearing the matter for some time, the learned counsel for the petitioner submits that the petitioner may be accommodated in the same project and the petitioner would not insist on the other prayers made. 4. Sri K. Krishna, the learned counsel for the respondent BDA submits that there is no vacant flat in the same project. 5. In light of noticing that admittedly, the petitioner had paid an amount of Rs.5,50,000/- on 19.12.2023, the said - 4 - HC-KAR NC: 2026:KHC:23906 WP No. 2246 of 2026 amount is directed to be refunded with prevailing bank rate of interest to the petitioner. Such a refund is required to be made within a period of four weeks from the date of receipt of certified copy of the order. 6. Insofar as the request of the petitioner for accommodating application of the petitioner in any other project of BDA where flats are put up, the learned counsel for the respondent BDA submits that the petitioner may approach the BDA for allotment of flat in any of the other projects and the same may be considered subject to availability. 7. Accordingly, the petition is disposed of without entering into the merits of the contentions raised. Sd/- (S SUNIL DUTT YADAV) JUDGE MD List No.: 2 Sl No.: 2