- 1 - HC-KAR NC: 2026:KHC:8429 WP No. 1099 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 1099 OF 2022 (GM-RES) BETWEEN: ANIL KUMAR S/O SALIGRAM SINGH AGED ABOUT 50 YEARS EX-SERVICEMAN R/A NO.6, 1ST MAIN ROAD NANDISWARYA LAYOUT BEHIND SEA GIRLS HOSTEL BASAVANAPURA VIRGO NAGAR POST BENGALURU - 560 049. …PETITIONER (BY SRI. ZINNIA SARKAR GURIA ADVOCATE FOR SMT. SARASWATHI.,ADVOCATES) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY VIDHANA SOUDHA BENGALURU - 560 001. 2. MANAGING DIRECTOR RAJIV GANDHI RURAL HOUSING CORPORATION LTD SY. NO.205, OPPOSITE TO BEEDHI WORKERS LAYOUT KOMMAGATTA ROAD KENGERI UPANAGAR Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8429 WP No. 1099 of 2022 BENGALURU - 560 060. 3. GENERAL MANAGER (PI) (PROGRAMME IMPLEMENTATION) RAJIV GANDHI HOUSING CORORATIN LTD., 9TH FLOOR E AND F BLOCK CAUVERY BHAVAN, KHB COMPLEX K.G. ROAD, BENGALURU - 560 009. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1; SMT. SHILPA RANI., ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT OR ORDER THE R-3 TO GIVE IMMEDIATE POSSESSION TO THE PETITIONER VIDE ANNX-D DATED 16.05.2019. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court seeking following reliefs; "a. Issue writ of Mandamus direct or order the 3rd respondent to give immediate possession to the petitioner vide Annexure-D dated 16.05.2019. b. Pass such other orders or directions to the respondent as this Hon'ble Court deems fit in the facts and circumstances of the case." - 3 - HC-KAR NC: 2026:KHC:8429 WP No. 1099 of 2022 2. Petitioner claiming to be an ex-serviceman and resident of Bengaluru since many years residing in rented house, falling under the categories of Identified Beneficiaries sought for allotment of flat, which was allotted by the respondent No.2 allotting Flat No. 44, Block C-4, First Floor. Petitioner claimed to have paid an aggregate sum of Rs.9,81,883/- towards the cost of the said flat. A lease-cum- sale agreement dated 16.05.2019 had also been executed as per Annexure-D. 3. Learned counsel for the petitioner submits that despite petitioner having fulfilled all the requirements including payment of the entire amount payable under the lease-cum- sale agreement, the respondent Nos.2 and 3 have not delivered the possession of the property. Hence the petition. 4. Learned counsel for the respondent Nos.2 and 3 referring to the statement of objections filed on 11.02.2026, submits that first of all petitioner has not made any representation and without petitioner making representation, mandamus cannot be sought for by the petitioner. Secondly, on merits she contends that petitioner is having alternate - 4 - HC-KAR NC: 2026:KHC:8429 WP No. 1099 of 2022 accommodation in his name and as such he is ineligible. On these two counts she sought for dismissal of the petition. 5. Heard. Perused the records. 6. There is no denial by the respondent Nos. 2 and 3 regarding petitioner having paid the amount as claimed in para 2 of the writ petition in a sum of Rs.9,81,883/-. Though a technical objection is raised of petitioner not making a representation precluding him seeking writ of mandamus, the fact remains that the petitioner has approached this Court on the strength of Annexure-B/ Letter Of Allotment dated 26.03.2012 and a Lease-Cum-Sale Agreement dated 16.05.2019 with further averments of he having paid Rs.9,81,883/-. That Para 1 of the petition indicates that the petitioner is residing in a rented house. Though in the statement of objection, respondent Nos. 2 and 3 have produced copy of a photograph, nothing is forthcoming as to whom does the property shown in the photograph belongs to. 7. In that view of the matter, petition is allowed. Notwithstanding the above, petitioner shall file a representation - 5 - HC-KAR NC: 2026:KHC:8429 WP No. 1099 of 2022 within 15 days from the date of receipt of certified copy of this order. Respondent No.2 shall consider the same and pass appropriate orders within an outer limit of 30 days thereafter. Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 21