IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JANUARY, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE S RACHAIAH

WRIT APPEAL NO. 913 OF 2025 (BDA)

BETWEEN:

1. SRI. BETTASWAMY

S/O LATE CHIKKABORAIAH,

AGED ABOUT 65 YEARS

RESIDENT OF BELAGUMBA VILLAGE,

KASABA HOBLI, MAGADI TALUK,

RAMANAGARA DISTRICT

…APPELLANT

(BY SRI. SRIKANTH M P., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

Di gitally

signed by REPRESENTED BY ITS SECRETARY,

VASANTHA DEPARTMENT OF URBAN DEVELOPMENT,

KUMARY B

K VIKAS SOUDHA, BENGALURU - 560001

Location:

HIGH

2. THE COMMISSIONER

COURT OF

KARNATAKA BANGALORE DEVELOPMENT AUTHORITY

BANGALORE - 560001

…RESPONDENTS

(BY SRI. G.S.ARUNA, HCGP)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 31.01.2025 OF THE LEARNED SINGLE JUDGE PASSED IN WP No. 7592/2021 (BDA) AND PASS ANY ORDER OF CONSEQUENTIAL RELIEF OR ANY OTHER APPROPRIATE ORDER OR DIRECTION AS THIS HON'BLE COURT DEEMS FIT IN

THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE ENDS OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present intra Court appeal is filed impugning the judgment and order dated 31.01.2025 passed by the learned Single Judge in W.P.No.7592/2021 filed by the appellant/petitioner impugning the endorsement dated 02.02.2021 issued by the Commissioner, Bangalore Development Authority, Bangalore whereby the 'G' category site allotted to the appellant/petitioner bearing No.949/C, measuring 30 x 40 feet situated at BTM, 4^th Stage, 2^nd Block, Bangalore has been cancelled on the ground that the said allotment was made against the Sub Rule (3) of the Rule 10 of the Bangalore Development Authority (Allotment of Sites)

Rules, 1984.

2. The 'G' category site can be allotted to a person who has not been allotted any site by the Government or the Local Authority or a Housing Society. As there were lots of complaints against the allotment of sites under 'G' category, an Enquiry Committee was constituted to enquire the issue regarding legality/irregularities of allotments made under 'G' category. The appellant/petitioner had voluntarily disclosed before the Enquiry Committee that he had been allotted a site by the Government Press Employees House Building Co-operative Society. The Enquiry Committee thereafter directed the respondent-BDA to cancel the site allotted in favour of the appellant/petitioner. The appellant/petitioner meanwhile made a representation to the respondent- BDA to execute the deed of sale in his favour. The said representation was not considered which constrained the appellant/petitioner to approach this Court by filing W.P.No.40347/2017 that was however withdrawn in view of the report filed by the Enquiry Committee.

3. Pursuant to the Enquiry Committee report, a show cause notice dated 11.05.2018 was issued by the respondent-

BDA, calling upon the appellant/petitioner to show cause as to why necessary action be not taken in canceling the deed in respect of the 'G' category site allotted to him. The appellant/petitioner again approached this Court by filing W.P.No.27431/2018 impugning the show cause notice issued to the appellant/petitioner. The learned single Judge dismissed the writ petition holding that the appellant/petitioner had approached this Court pre-maturely and granted liberty to submit an explanation to the show cause notice that was issued by the respondent-BDA. Subsequently, the appellant/petitioner submitted the explanation to the show cause notice which was not considered. Thereafter, the appellant-petitioner initiated the contempt proceedings in C.C.C.No.648/2020 alleging non compliance of directions issued by this Court. However, the same was disposed of by imposing cost of Rs.15,000/- on the respondent-BDA. The BDA thereafter, having considered the explanatio