- 1 - HC-KAR NC: 2026:KHC:8428 WP No. 1124 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. 1124 OF 2022 (GM-RES) BETWEEN: S PALANIRAM S/O R.SURULI BOMMU AGED ABOUT 55 YEARS EX-SERVICE MAN R/A 'SO' WING, FOL ASC CENTRE AND COLLEGE AGRAM POST BENGALURU-560 007. …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 BEEDI WORKERS LAYOUT KOMMAGATTA ROAD KENGERI UPANAGAR BENGALURU-560 060. 3. GENERAL MANAGER Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8428 WP No. 1124 of 2022 (PROGRAMME IMPLEMENTATION) RAJIV GANDHI HOUSING CORPORATION 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 ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT OR ORDER THE R-3 TO GIVE IMMEDIATE POSSESSION TO THE PETITIONER VIDE ANNX-F, DATED 04.12.2019. 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-F dated 04.12.2019. 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:8428 WP No. 1124 of 2022 2. Petitioner claiming to be an ex-serviceman and resident of Bengaluru since many years residing in rented house had applied for residential flat under 'Yashassu' scheme of Kodathi village, Varthur Hobli, which was allotted by the respondent No.2 allotting "Flat No. 35, Block A-3, Second Floor". Petitioner claimed to have paid an aggregate sum of Rs.1,28,000/- towards the cost of the said flat. A lease-cum- sale agreement dated 04.12.2019 had also been executed as per Annexure-F. 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 the petitioner though claiming allotment of a flat at Bengaluru, he is residing in Tamil Nadu. His address of Tamil Nadu is even emanating from Annexure-A produced by the petitioner. Therefore, she submitted that his request for - 4 - HC-KAR NC: 2026:KHC:8428 WP No. 1124 of 2022 allotment of flat in the scheme has been declined. She further submits that petitioner has not made any representation and without petitioner making representation, mandamus cannot be sought for by the petitioner. Hence, seeks for dismissal of the petition. 5. Heard. Perused the records. 6. There is no denial by the respondent Nos. 2 and 3 of the fact that petitioner having paid the amount as claimed in a sum of Rs.1,28,000/-. Though a technical objection is raised of petitioner not making a representation, the fact remains that the petitioner has approached this Court on the strength of (Annexure-C) Letter Of Allotment dated 26.03.2012 and a Lease-Cum-Sale Agreement (Annexure-F) dated 04.12.2019 with further averments of he having paid Rs.1,28,000/-. That Para 1 of the petition indicates that the petitioner is residing in a rented house. Though in the objections, respondent Nos.2 and 3 have denied to allot a flat under the provisions of allotment Rules, she is unable to point out if there is any clause or provision restricting or prohibiting allotment of flat only for the individuals who are residents of Karnataka as contended. - 5 - HC-KAR NC: 2026:KHC:8428 WP No. 1124 of 2022 7. In that view of the matter, petition is allowed. Notwithstanding the above, petitioner shall file a representation 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 60 days thereafter. Sd/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 22