IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 18391 OF 2025 (BDA)

BETWEEN:

SRI. S.A. DAS S/O. THE LATE SUBRAMANI, AGED ABOUT 80 YEARS, RESIDING AT NO.S-2, SERENE APARTMENTS, NO.9, CARLSTON ROAD, COOKE TOWN, BANGALORE - 560 005.

…PETITIONER (BY SRI. JANARDHANA G, ADVOCATE)

AND:

1. THE COMMISSIONER Digitally signed by BENGALURU DEVELOPMENT AUTHORITY MAHALAKSHMI B M T. CHOWDIAH ROAD Location: HIGH COURT OF BENGALURU - 560 020.

KARNATAKA

2. DEPUTY SECRETARY-3 BENGALURU DEVELOPMENT AUTHORITY T. CHOWDIAH ROAD BENGALURU - 560 020.

…RESPONDENTS (BY SRI. M. V. CHARATI, ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ALLOT ALTERNATIVE SITE NO. B8-SA-2676 IN NADAPRABHU KEMPEGOWDA LAYOUT FORMED OUT (SY.NO.76, 70/1 OF SULIKERE VILLAGE) IN THE PLACE OF THE PALCE OF CANCELLATION OF SITE NO. 1452 ALLOTTED AT ARAKAVATHI LAYOUT.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

The petitioner has approached this Court seeking a writ of mandamus directing the respondents to allot alternative site No.B8-SA-2676 in Nadaprabhu Kempegowda Layout formed out of Sy.No.76 and 70/1 of Sulikere Village in lieu of the cancellation of the site No.1452 allotted which had earlier been allotted to him in Arkavathi layout.

2. Heard the learned counsel for the petitioner and learned counsel for the respondent - BDA.

3. The records disclose that the respondents had allotted site No.1452 in Block No.11 at Arkavathi Layout, Bangalore under an allotment letter dated 24.06.2006, for a consideration price of Rs.2,26,000/-. The petitioner had paid the said amount in full. The land owners had questioned the acquisition proceedings relating to the said site, and the BDA informed the petitioner that it was not possible to confirm the allotment of that site. Thereafter, as reflected in Annexure-C, the respondents proposed to allot an alternative site bearing site No.B8-SA-2676 in "Nadaprabhu Kempegowda Layout" formed out of Sy.No.76 and 70/1 of Sulikere Village.

4. The learned counsel for the petitioner submits that the said alternative site is available for allotment and that despite repeated requests and a legal notice issued at Annexure – E, the respondents have not taken steps to finalize the allotment in favour of the petitioner.

5. The learned counsel for the respondents submits that the grievance of the petitioner will be duly considered and appropriate action will be taken, within a reasonable time, in accordance with law.

6. The submission is recorded.

7. In view of the submission made, the grievance of the petitioner would stand redressed, if appropriate directions are issued to the respondents.

8. Accordingly, the Court pass the following:

ORDER

(i) The writ petition is disposed of (ii) The respondents to allot site No. B8-SA-

2676 in Nadaprabhu Kempegowda Layout formed out of Sy.No.76 and 70/1 of Sulikere Village, as proposed in Annexure- C dated 17.01.2025 and take appropriate steps to complete the allotment process free from encumbrance.

(iii) In the event the said site is not available for any reason, the respondents shall allot any other suitable corner site of equivalent dimension in the same layout and proceed to execute the necessary documents.

(iv) The above exercise of executing the absolute sale deed shall be completed within a period of three months from the date of receipt of a certified copy of this order in accordance with law.

Sd/-

____________________ JUSTICE K.S. HEMALEKHA JY List No.: 1 Sl No.: 1