IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.30585 OF 2018 (BDA)

BETWEEN:

1. AKSHAYA VILLA OWNERS ASSOCIATION, O/A. AKSHAYA CLUB HOUSE, SEEGEHALLI, HOSKOTE MAIN ROAD, KANNAMANGALA POST, KADUGODI, BANGALORE-560067. REPRESENTED BY ITS SECRETARY, MR.SRINIVAS REDDY GOLI, S/O. DAMODAR REDDY GOLI, AGED ABOUT 49 YEARS.

2. MR SRINIVAS REDDY GOLI S/O DAMODAR REDDY GOLI, AGED ABOUT 49 YEARS, R/O VILLA NO.28, AKSHAYA, SEEGEHALLI, HOSKOTE MAIN ROAD, KANNAMANGALA POST, KADUGODI, Digitally signed by BANGALORE-560067. …PETITIONERS MAHALAKSHMI B M Location: HIGH COURT OF (BY SRI DEEPAK S. SHETTY, ADVOCATE)

KARNATAKA AND:

1. BANGALORE DEVELOPMENT AUTHORITY, NO.1, ‘T’ CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560002.

REPRESENTED BY ITS COMMISSIONER.

2. JSS MAHAVIDYAPEETHA DR. SHIVARATHRI RAJENDRA CIRCLE, AGRAHARA, FORT MOHALLA, MYSORE-570004.

REPRESENTED BY ITS EXECUTIVE SECRETARY. …RESPONDENTS (BY SRI B.S. KARTHIKEYAN, ADVOCATE FOR R-1;

SRI H.P. VEERABHADRASWAMY, ADVOCATE FOR R-2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ALLOTMENT LETTER DATED 05.03.2018 BEARING NO.0587 ISSUED BY THE 1^ST RESPONDENT BDA IN FAVOUR OF 2^ND RESPONDENT WITH RESPECT TO SCHEDULE PROPERTY FOR THE PURPOSE OF ESTABLISHMENT OF SCHOOL UNDER BDA (ALLOTMENT OF CIVIC AMENITIES SITES) RULES, 1989 AS NOT ONLY HIGHLY ARBITRARY ILLEGAL BUT AND IN GROSS VIOLATION OF ARTICLE 14, 21 AND 300A OF CONSTITUTION OF INDIA AND ALSO CONTRARY TO REGULATION 7.1(2) OF RMP 2015 VIDE ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR FURTHER DICTATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

The petitioners have approached this Court seeking for the following reliefs:

“i. Issue writ in the nature of Certiorari or any other appropriate writ order or directions quashing the allotment letter dated 05.03.2018 bearing No.0587 issued by the 1^st respondent BDA in favour of 2^nd respondent with respect to Schedule Property for the purpose of establishment of School under BDA (Allotment of Civic Amenities Sites) Rules, 1989 as not only highly arbitrary illegal but and in gross violation of Article 14, 21 and 300A of Constitution of India and also contrary to Regulation 7.1(2) of RMP 2015. (Annexure A)

ii. Issue a writ in the nature of Mandamus or any other appropriate writ order or directions declaring the action of Respondent No.1 as grossly in violation of the order dated 22.03.2017 passed in WP No.16085-86/2015 by this Hon'ble Court (Annexure B)

iii. Issue a writ in the nature of Mandamus or any other appropriate writ order or directions declaring the action of Respondent No.1 in not consider petitioner's representations dated 29.05.2017 and 30.10.2017 thereby allotting the Schedule Property to Respondent No.2 is highly arbitrary and illegal. (Annexure C and C1)

iv. Issue a writ in the nature of Mandamus or any other appropriate writ order or directions directing the Respondent No.1 to convey the rights/ hand over the Schedule Property to Petitioner No.1 association as per Regulation 7.1(2) of RMP 2015.

(Annexure-S)

v. Issue a writ in the nature of Mandamus or any other appropriate writ order or directions directing the Respondent to consider representations dated 29.05.2017 and 30.10.2017 and refund Rs.89,23,343/- paid by the Petitioner association towards the allotment of Schedule Property along with 18% interest from the date of receipt of payment till date of realization.

(Annexure C and C1)

vi. Issue any other appropriate writ or order or direction to the Respondents deemed fit in the circumstances of the case in the interest of justice and equity.”

2. The 1^st Prayer seeks to quash the allotment letter dated 05.03.2018 issued by respondent No.1- Bangaluru Development Authority (‘BDA’ for short) in favour of respondent No.2 in respect of the schedule property for establishment of a school under BDA