Karnataka High Court
Sri S Pakkirappa vs The State Of Karnataka on 17 October, 2025
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NC: 2025:KHC:41667
WP No. 11568 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.11568 OF 2025 (BDA)
BETWEEN:
SRI S. PAKKIRAPPA
S/O. S. OBALAPPA,
AGED ABOUT 65 YEARS,
R/AT NO.177/1, WARD NO.32,
AARDINANSA ROAD KOTE,
BELLARY-583 101.
REP. BY HER GPA HOLDER.
SRI MANJUNATH SOKKALINGAM,
S/O. SOKKALINGAM,
AGED ABOUT 38 YEARS,
R/AT NO.212, 9TH MAIN,
HRBR LAYOUT, 1ST BLOCK,
BENGALURU-560 043.
Digitally signed by
MAHALAKSHMI B M ...PETITIONER
Location: HIGH
COURT OF
KARNATAKA (BY SRI SUNDARESH H.C., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
M.S.BUILDING, BENGALURU-560 001.
2. THE COMMISSIONER,
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST,
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NC: 2025:KHC:41667
WP No. 11568 of 2025
HC-KAR
T. CHOWDAIAY ROAD,
BENGALURU-560 020.
3. THE DEPUTY SECRETARY-4,
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST,
T. CHOWDAIAY ROAD,
BENGALURU-560 020.
...RESPONDENTS
(BY SRI HARISHA A.S., AGA FOR R-1;
SRI BASAVARAJA H.T., ADVOCATE R-2 & R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING THE 2ND RESPONDENT AUTHORITY TO CONSIDER
THE REPRESENTATION FILED BY THE PETITIONER DATED
25/08.2021 & 01.03.2024 VIDE ANNEXURE-K AND K1 RESPECT
FOR ALLOTMENT OF SITE BEARING NO.1591 MEASURING
25.24X24.38 METER, SITUATED AT J.P.NAGAR, 8TH PHASE, 2ND
BLOCK LAYOUT AS AN ALTERNATIVE SITE IN FAVOUR OF THE
PETITIONER AS PER THE REPORT SUBMITTED BY THE
EXECUTIVE ENGINEER AND ALSO THE CD FURNISHED BY
THEM DATED 23.05.2021 AND 27.05.2024 AS PER ANNEXURE-
H AND J RESPECTIVELY.
THIS PETITION COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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WP No. 11568 of 2025
HC-KAR
ORAL ORDER
Heard the learned counsel for the petitioner, learned Additional Government Advocate for respondent No.1 as well as the learned counsel for respondents 2 and 3.
2. The petitioner has approached this Court in this Writ Petition seeking a writ of mandamus directing respondent No.2 to consider his representations vide Annexures-K and K1 dated 25.08.2021 and 01.03.2024 for allotment of site bearing No.1591 measuring 25.24 x 24.38 meter situated at J.P. Nagar 8th Phase, 2nd Block Layout, Bengaluru as an alternative site, in terms of the report submitted by the Executive Engineer and also the CD furnished by the authority dated 27.05.2024 at Annexures-H and J respectively.
3. The petitioner was originally allotted 'G' category site bearing No.72, measuring 50 x 80 feet situated at Rajmahal Vilas, 2nd Stage Layout on 04.12.2000. Pursuant to the allotment, the petitioner deposited the entire sital -4- NC: 2025:KHC:41667 WP No. 11568 of 2025 HC-KAR value with respondent No.2, and a lease-cum-sale agreement was executed in his favour. However, the allotment of 'G' category site came to be challenged before this Court in a public interest litigation, and by order dated 25.08.2012, this Court annulled all such allotments made in 'G' category, while saving the cases of those allottees who were otherwise eligible under the Bangalore Development Authority (Allotment of Sites) Rules, 1984 (for short 'the Rules'). This Court further directed the Government to constitute a committee to verify such allotment. Pursuant to the order, the Government constituted Justice D.V.Shylendra Kumar Committee ('Committee' for short) to examine the allotment of 'G' category sites. The petitioner's allotment was referred to the Committee for enquiry, which, by its report dated 07.04.2021, held that the allotment made in favour of the petitioner was valid under the General Category Rules and recommended the BDA-respondent No.2 to confirm the -5- NC: 2025:KHC:41667 WP No. 11568 of 2025 HC-KAR allotment of the said site to the allottee/petitioner and fulfill other formalities pending.
4. It is stated that, based on the Committee's report, the petitioner made representations requesting executing of the sale deed. The Executive Engineer thereafter surveyed the site and reported that the original site has been de-notified by the authority. Consequently, the BDA recommended allotment of an alternative site bearing No.1591, i.e., schedule property. The Executive Engineer inspected and identified the said alternative site, and submitted a CD report recommending its allotment in favour of the petitioner.
5. The grievance of the petitioner is that despite repeated representations and the Committee's clear recommendation dated 07.04.2021, respondent No.2- authority has not yet considered or finalized the allotment of the alternative site.
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6. Per contra, learned counsel for respondent Nos.2 and 3 submits that the petitioner's representations would be considered in accordance with law if reasonable time is granted.
7. The undisputed fact remains that pursuant to the order in W.P.23475/2010 c/w 1032/2006 and 36275/2009, the Committee formed recommended that petitioner's 'G' category allotment be confirmed since the original site is not available, an alternative site (schedule property) has been identified for allotment. The petitioner has been pursuing the matter since 2019, and particularly after the Committee being formed and by order dated 07.04.2021 recommending allotment of site in favour of the petitioner. Thus, the grievance of the petitioner would be redressed if appropriate directions are issued to respondent No.2 to consider the representations of the petitioner in light of the Committee's order dated 07.04.2021 and subsequent report dated 27.05.2024 and accordingly this Court pass the following : -7-
NC: 2025:KHC:41667 WP No. 11568 of 2025 HC-KAR ORDER
(i) The Writ Petition is allowed.
(ii) Respondent No.2-Authority is directed to consider the petitioner's representations dated 25.08.2021 and 01.03.2024 at Annexures-K and K1 keeping in view the Committee's report/order dated 07.04.2021 (Annexure-E) and engineer's report dated 27.05.2024 (Annexure-H) and pass appropriate orders in accordance with law within an outer limit of three months from the date of receipt of a certified copy of this order.
Sd/-
______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 56