IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 32746 OF 2025 (LA-BDA)

BETWEEN:

1. MS. MUNIRATHNAMMA W/O LATE B.G.SIDDALINGAPPA AGED ABOUT 67 YEARS

2. MS. B.S.HEMAVATHI D/O. LATE. B.G.SIDDDALINGAPPA AGED ABOUT 45 YEARS

3. MR. B.S. RAVI KUMAR S/O LATE. B.G. SIDDDALINGAPPA AGED ABOUT 40 YEARS

4. MS. B.S. PADMAVATHI D/O. LATE.B.G.SIDDDALINGAPPA AGED ABOUT 34 YEARS ALL ARE RESIDING AT NO.18, H.T.LINE, NO.78/1/18, 3RD CROSS Digitally signed by MAHALAKSHMI B M ADITYA LAYOUT, RAMAMURTHY NAGAR Location: HIGH BENGALURU - 560 016 COURT OF KARNATAKA PETITIONERS ARE REPRESENTED BY GPA HOLDER MR. R.MUNIRAJU S/O LATE. ITTAMADU RAMAIAH AGED ABOUT 65 YEARS RESIDENT OF "RAMA NILAYA"

NO.1, AREHALLI VILLAGE, ITTAMADU MAIN ROAD BENGALURU - 560 061.

…PETITIONERS (BY SRI. NISHANTH A.V, ADVOCATE)

AND:

1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD KUMARAPARK WEST BENGALURU - 560 020.

2. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD KUMARAPARK WEST BENGALURU - 560 020 …RESPONDENTS (BY SRI. C. VENKATESH, ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE R1 TO ALLOT ANY AN ALTERNATIVE SITE MEASURING TO AN EXTENT OF 1200 SQUARE FEET (30 FT X 40 FT) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

Learned counsel Sri. Venkatesh accepts notice for respondents.

2. Heard the learned counsel for petitioners and learned counsel appearing for respondents-BDA.

3. The petitioners have approached this Court seeking a writ of mandamus directing respondent No.1 to allot an alternative site measuring 1200 Sqft. (30x40) under Section 38D of the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'BDA Act' for short) and to consider the representation/application dated 29.08.2025 vide Annexure-'G'.

4. Learned counsel for the petitioners submits that this Court, while dismissing RFA No.2413/2023, had granted liberty to the petitioners to file an application before the Authority for allotment of site under Section 38D of the BDA Act. Pursuant to the said liberty, the petitioners submitted representation/application on 29.08.2025. The grievance of the petitioners is that despite such representation/application, the respondent authority has not considered or acted upon it, compelling the petitioners to approach this Court.

5. Learned counsel appearing for respondent-BDA submits that the representation/application filed by the petitioners will be duly considered in accordance with law, and that a decision will be taken within a reasonable period.

6. In view of the submission made, the grievance of the petitioners would stand redressed if necessary direction is issued to the respondent authority. 7. Accordingly, this Court pass the following:

ORDER i. Writ petition is disposed of ii. Respondent No.1 is directed to consider the petitioners representation/application dated 29.08.2025 (Annexure-'G') for allotment of an alternative site under Section 38D of the BDA Act and pass appropriate orders in accordance with law within a period of six(6) weeks from the date of receipt of the certified copy of this order.

Sd/-

____________________ JUSTICE K.S. HEMALEKHA SSD List No.: 1 Sl No.: 34