IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 07^TH DAY OF JANUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE S.G.PANDIT

WRIT PETITION NO.11277/2014 (BDA)

BETWEEN:

SRI RANGADASAPPA

AGE:MAJOR,

S/O LATE.CHIKKA THAYAPPA,

R/AT SONNENAHALLI VILLAGE,

HULLALU POST, KENGERI HOBLI,

BANGALORE SOUTH TALUK,

BANGALORE-560056.

...PETITIONER

(BY SMT. VAIBHAVI, ADV. FOR SRI.D L JAGADEESH, ADV.)

AND:

1.

BANGALORE DEVELOPMENT AUTHORITY

T.CHOWDAIAH ROAD,

KUMARA PARK WEST,

BANGALORE-560020

REPRSENTED BY ITS COMMISSIONER.

2.

THE ENGINEERING MEMBER

BANGALORE DEVELOPMENT AUTHORITY,

T.CHOWDAIAH ROAD,

KUMARA PARK WEST,

BANGALORE-560020.

3.

THE LAND ACQUISITION OFFICER

BANGALORE DEVELOPMENT AUTHORITY,

T.CHOWDAIAH ROAD,

2

KUMARA PARK WEST,

BANGALORE-560020.

4.

THE EXECUTIVE ENGINEER

BANGALORE DEVELOPMENT AUTHORITY,

T.CHOWDAIAH ROAD,

KUMARA PARK WEST,

BANGALORE-560020.

…RESPONDENTS

(BY SRI.M N SUDEV HEGDE, ADV. FOR R1-R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE

RESPONDENTS TO ALLOT A SITE IN FAVOUR OF THE

PETITIONER, IN LIEU OF UTILIZATION OF HIS SITE BEARING

NO.90, MEASURING 50FT X 30FT, SITUATED AT SONNENAHALLI

VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TQ., AS

ORDERED IN W.P.NO.45695/2011 (BDA) DATED 26.07.2012

PASSED BY THIS COURT, VIDE ANNX-G TO THE WRIT PETITION

AND ETC.

THIS PETITION COMING ON FOR HEARING THROUGH

VIDEO CONFERENCE THIS DAY, THE COURT MADE THE

FOLLOWING:-

O R D E R

Petitioner is before this Court under Articles 226 and

227 of the Constitution of India, praying for a writ of

mandamus directing the respondent-Bangalore Development

Authority (for short ‘the BDA’) to allot a site in his favour, in

lieu of utilization of his site bearing No.90, measuring 50 x 30

feet,

situated

at

Sonnenahalli

village,

Kengeri

Hobli,

3

Bangalore South Taluk in terms of the order dated 26.07.2012

passed

in

W.P.No.45695/2011

by

considering

the

representation dated 09.01.2008 (Annexure-B)

2.

Heard

the

learned

counsel

Smt.Vaibhavi

for

Sri.D.L.Jagadeesh, learned counsel for the petitioner and

perused the writ petition papers.

3.

The petitioner claims that he was the owner in

possession of site bearing No.90, measuring 50 feet x 30 feet,

situated at Sonnenahalli village, Kengeri Hobli, Bangalore

South Taluk, being a beneficiary under the State Government

Scheme. Further, the learned counsel would submit that the

State Government issued Hakku Pathra at Annexure-A dated

01.01.1975. It is also stated that the State Government had

acquired Sy.No.6 of Sonnenahalli village and formed sites for

allotment, on certain terms and conditions. The scheme was

formulated on the occasion of 28^th Independence Day

Celebration.

4

4.

The respondent-BDA utilized the site of the petitioner

for formation of Sir M.Visweswaraiah Layout in the year 2008.

Even though the petitioner resisted such utilization, the

respondents assured that the petitioner would be allotted

alternate site of the same extent i.e. 100%. The petitioner

made representations requesting to allot alternate site, but

has not resulted in allotment of alternate site. Further,

learned counsel would point out that the respondent-BDA

had undertaken survey and spot inspection on 30.04.2012

and had passed resolution dated 16.01.2012 in Subject

No.04/2012 to allot alternate site to the petitioner as well as

similarly situated persons who were allotted Janatha Sites.

5.

No statement of objections is filed on behalf of the

respondent-BDA.

6.

The petitioner through Annexure-A/Hakku Pathra dated

01.01.1975 claims that he is the owner in possession of site

bearing No.90, measuring 50 x 30 feet situated at

Sonnenahalli village, Kengeri Hobli, Bangalore South Taluk

5

which is formed out of the Sy.No.6 of Sonnenahalli village.

Under Annexure-D resolution dated