IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^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. 400 OF 2024 (KLR-LG)

BETWEEN:

1. INDRAPRASTHA SHELTERS PVT. LTD., A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT

4TH FLOOR, PRESTIGE CORNICHE, 62/1, RICHMOND ROAD, BANGALORE-560052.

REPRESENTED BY PRAJWAL SHENAVA …APPELLANT (BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR SRI VAMSHI KRISHNA C, ADVOCATE)

Digitally signed by VASANTHA KUMARY B K AND:

Location:

HIGH COURT OF KARNATAKA 1. THE STATE OF KARNATAKA REP. BY THE UNDER SECRETARY TO THE DEPARTMENT OF REVENUE, M S BUILDING, DR. B R AMBEDKAR VEEDHI, BANGALORE-560001.

2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, K G ROAD, BANGALORE-560009.

3. M/S UMRAH DEVELOPERS REP BY ITS PROPRIETOR, MR. YOUSUF SHARRIF @ D BABU, NO.222/1, MILLERS TANK BUND ROAD, KAVERIYAPPA LAYOUT, BANGALORE-560052.

…RESPONDENTS (BY SRI V G BHANUPRAKASH, AAG A/W SRI MOHAMMAD JAFFAR SHAH, AGA FOR R-1 & R-2;

SRI D R RAVISHANKAR, SENIOR ADVOCATE FOR SRI GAURAV N, ADVOCATE FOR R-3)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 22.01.2024 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.15823/2021 (KLR) AND ALLOW THE INSTANT WRIT APPEAL AND CONSEQUENTLY ALLOW W.P.NO.15823/2021 (KLR) AND ETC.

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)

1. The present intra Court appeal has been filed by the appellant/petitioner against the judgment and order dated 22.01.2024 passed by the learned Single Judge in W.P.No.15823/2021.

2. The aforesaid writ petition was preferred by the appellant challenging the two Communications dated 01.04.2010 and 20.03.2010 issued by the Principal Secretary to the Revenue Department directing the Deputy Commissioner, Bengaluru Urban District, to allot 6 acres 27 guntas of land situated at Doddajala Village, Jala Hobli, Bengaluru North (Additional Taluk) in Survey No.46 to the respondent No.3 as an alternate to similar extent of land in Survey Nos.80 and 81 of Kithaganur Village, Bidarahalli Hobli, Bengaluru East Taluk.

FACTS OF THE CASE:-

3. The State Government had issued a Notification dated 19.10.2007 under Rule 12(2) of the Karnataka Land Grant Rules, 1969 (for short 'the Land Grant Rules') for disposal of certain lands through public auction process, which was scheduled to be held on 29.10.2007. The land measuring 9 acres 21 guntas in Survey No.46 of Doddajala Village was one of the subject matter of the Notification dated 19.10.2007.

4. The auction was conducted as scheduled on 29.10.2007. The respondent No.3 viz., M/s. Umrah Developers, a real estate concern, was the successful bidder with respect to the lands in Block Nos.3, 4 and 5.

5. The respondent No.1, however, cancelled the auction held on 29.10.2007 on the ground that the value of the lands was much higher than what was offered by the bidders and it was not commensurate with the prevailing market rate. The said ground for cancellation of the auction was as per the opinion of the Karnataka Public Lands Corporation Limited in its report dated 25.03.2010 and the endorsement dated 03.01.2012 issued by the Deputy Commissioner to the Secretary of the Revenue Department.

6. Subsequently, 5 acres 20 guntas of land in Survey No.46 of Doddajala Village, Jala Hobli, Bengaluru North Taluk (hereinafter referred to as 'the schedule property') was put for public auction vide Notification dated 12.08.2008 including certain other lands. The auction was scheduled on 05.09.2008.

7. The petitioner submitted the bid documents in the office of the Assistant Commissioner (Enforcement Cell) in terms of the public notice and paid a sum of Rs.55 lakhs being 10% of the bid amount in respect of the schedule property a