IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^th DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 519 OF 2023 (GM-RES)

BETWEEN:

KARNATAKA HOUSING BOARD K.G. ROAD BENGALURU-560 009 REPRESENTED BY ITS COMMISSIONER ...APPELLANT (BY SRI. ACHAPPA P.B., ADVOCATE)

AND:

1 . SRI. BASAVARAJ S. GADDIKERI S/O SRI. SHIVAPPA AGED ABOUT 57 YEARS R/O. B.S. GADDIKERI B.T. PATLINAGAR KOPPAL-583 231

2 . THE PRINCIPAL SECRETARY HOUSING DEPARTMENT KARNATAKA SECRETARIAT VIKAS SOUDHA BENGALURU-560 001 ...RESPONDENTS (BY SRI. PRASHANTH CHANDRA S.N., ADVOCATE FOR R1;

SMT. PRAMODHINI KISHAN, AGA FOR R2)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE ORDER PASSED IN WP No.9963/2016 (GM-RES) DATED 07.02.2023 PRODUCED AT ANNEXURE-A AND ALLOW THE CAPTIONED APPEAL AND CONSEQUENTLY ABIDE BY ALL OR ANY COMMUNICATIONS OR ORDERS PASSED IN FURTHERANCE OF THE GOVERNMENT ORDER DATED 19.02.2016 AND CONFIRMED IN WP Nos.8109-133/2013 PRODUCED AT ANNEXURE-B.

THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 13.11.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

CAV JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This Writ Appeal is filed challenging the order dated

07.02.2023 passed by the learned Single Judge in Writ Petition No.9963/2016 (GM-RES).

2. We have heard Shri. Achappa P.B, learned counsel appearing for the appellant, Shri. Prashanth Chandra S.N, learned counsel appearing for respondent No.1 and Smt. Pramodhini Kishan, learned Additional Government Advocate appearing for respondent No.2.

3. The writ petition had been filed by respondent No.1 herein, cancelling the allotment of a site in his favour. The learned Single Judge found that the order was passed without hearing the petitioner and that the principles of natural justice stood violated. It was held that since the order had the effect of affecting the legal rights of the writ petitioner, it could not have been passed without hearing the petitioner. On these grounds, Annexure-A order dated

19.02.2016 passed by the appellant - Board was set aside.

4. The learned counsel appearing for the appellant submits that the Government of Karnataka had passed an order dated 24.01.2013 allotting house sites in favour of 43 applicants at Suryanagar Phase-II under the discretionary quota of the Government of Karnataka as enumerated in Rule 9-A Category C of Karnataka Housing Board (Allotment) Regulations, 1983 ('KHB Regulations' for short). The name of respondent No.1 was included at serial No.41 in the said order of allotment. Writ Petitions No.8109- 133/2013 was filed by one Shivakumar and others challenging the Government Order dated 24.01.2013. Respondent No.1 was Respondent No.43 in the said writ petition. While so, a conditional deed for sale was registered in favour of respondent No.1 by the appellant on 04.07.2013. However, on 07.11.2014 the Government passed an Order withdrawing the order dated 24.01.2013. The said fact was submitted before this Court considering Writ Petitions No.8109-133/2013. On 10.11.2014, the writ petitions were disposed of recording the submission that the allotment dated 24.01.2013 had been withdrawn by Government Order dated 07.11.2014. It is submitted that it is in these circumstances that the appellant had taken a decision to cancel the allotment. It is also submitted that Annexure-A was only an office note and this was consequential to the withdrawal of the allotment vide Government Order dated 07.11.2014. It is submitted that the writ petitioner had not challenged the Government Order dated 07.11.2014. It is further submitted that by judgment dated 18.10.2019, passed in Writ Petition No.8340/2018 (PIL), this Court had struck down Categories A and C in Regulation 4 and Category C