Smt. Rini Dutta, Vs the Secretary — Writ and Judicial Review | Karnataka HC (2025)

Smt. Rini Dutta, Vs the Secretary — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with liberty to the petitioner, if so advised, to move a representation before the Bangalore Development Authority enclosing the death certificate of the allottee, and liberty to seek legal remedy as and when the Authority passes an order on the Committee's recommendations.

Issue for consideration

Whether the writ petition seeking quashing of the Enquiry Committee's report is maintainable/proper, given that the Committee's observations constitute only recommendations on which the Bangalore Development Authority must yet take a decision, and given the sole contention that the report is against a dead person.

Court's answer

The Enquiry Committee having been constituted in terms of an order of this Court, any observation made by the Committee can only be read as a recommendation in terms of that order, on which recommendations the Bangalore Development Authority is required to take a decision.

Ratio / Principle

No order of the Bangalore Development Authority is under challenge in this writ petition, and it is not stated whether any order has been passed by the Authority on the Committee's recommendation.

Key takeaways

The Court has no reason to doubt that the Bangalore Development Authority will pass an appropriate order in terms of the directions of this Court referred to in the enquiry report; as and when such an order is made, it shall be open to the petitioner to seek such legal remedy as she may be advised.ratio¶38-39

Detailed headnote1 paragraphs

Writ Petition No. 20425 of 2025 (GM-RES) under Articles 226 and 227 of the Constitution of India sought certiorari quashing the report dated 28/11/2024 of the Enquiry Committee (Enquiry Case No.552/2020), constituted by order of the High Court, recommending to the Bangalore Development Authority cancellation and resumption of the site allotted to the allottee including the marginal land, and refund of the site value deposited. Held (oral order per Justice Jayant Banerji): the Committee being constituted in terms of the Court's order, its observations can only be read as recommendations on which the Bangalore Development Authority is required to take a decision; no order of the Authority is under challenge nor stated to have been passed; the sole contention that the report is against a dead person does not warrant interference at this stage. Petition disposed of, with liberty to seek legal remedy when the Authority passes an order, and to move a representation before the Authority enclosing the allottee's death certificate.

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NC: 2025:KHC:30012-DB WP No. 20425 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF AUGUST, 2025

PRESENT

THE HON'BLE MR. JUSTICE JAYANT BANERJI

AND

THE HON'BLE MR. JUSTICE UMESH M ADIGA

WRIT PETITION NO. 20425 OF 2025 (GM-RES)

BETWEEN:

SMT. RINI DUTTA, D/O. LATE SUBIR DUTTA, AGED ABOUT 51 YEARS, RESIDING AT ELM A02 SHERWOOD APARTMENTS, BASAVANANAGAR MAIN ROAD, MARATHAHALLI POST, BENGALURU-560 037.

…PETITIONER

(BY SRI. A. CHANDRACHUD, ADVOCATE)

Digitally signed by ANNAPURNA G

Location: HIGH COURT OF KARNATAKA

AND:

THE SECRETARY, JUSTICE SRI. A. S. BELLUNKE, INQUIRY COMMITTEE, 5^TH FLOOR, CAUVERY BHAVAN, KARNATAKA HOUSING BOARD COMPLEX, BENGALURU-560 009.

THE COMMISSIONER, KUMARA PARK WEST, BENGALURU DEVELOPMENT AUTHORITY, BENGALURU- 560 020. (AMENDED VIDE COURT ORDER DATED 16.07.2025)

…RESPONDENTS

2 - NC: 2025:KHC:30012-DB WP No. 20425 of 2025

HC-KAR

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ORDER DATED 28/11/2024 PASSED BY THE HONBLE ENQUIRY COMMITTEE IN ENQUIRY CASE NO.552/2020 AT ANNEXURE-A AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA

ORAL ORDER

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

Heard learned counsel for the petitioner.

The challenge in the instant writ petition is a report of an Enquiry Committee that appears to have been constituted by an order of this Court. In the enquiry report, the learned counsel for the petitioner states that a recommendation has been made to the Bangalore Development Authority to cancel and resume the site allotted to the allottee including the marginal land allotted to him. A recommendation has also been made that the value of the site, which has been deposited by the allottee be refunded to the allottee.

3 - NC: 2025:KHC:30012-DB WP No. 20425 of 2025

HC-KAR

A perusal of the enquiry report itself reflects that

the direction had been given by this Court to the Bangalore Development Authority to pass appropriate order in each and every case based on the recommendation of the Committee in terms of the directions of this Court. The Committee being constituted in terms of the order of this Court, any observation made by the Committee can only be read as a recommendation in terms of the order of this Court, on which recommendations the Bangalore Development Authority is required to take a decision. No order of the Bangalore Development Authority is under challenge in this instant petition and neither is the counsel in the petition to state whether any order has been passed by the Bangalore Development Authority on the recommendation made by the Committee. The sole contention of the learned counsel is that the report is against a dead person.

We have no reason to doubt that the Bangalore Development Authority, shall pass an appropriate order in terms of the directions of this Court that have been referred to in the enquiry report itself. As and when, such an order is

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NC: 2025:KHC:30012-DB WP No. 20425 of 2025

HC-KAR

made, it shall be open for the petitioner to seek such legal

remedy, as she may be advised.

This petition is accordingly disposed off .

It shall be open for the petitioner, if so advised, to move a representation before the Bangalore Development

Authority, enclosing therewith the death certificate of the allottee.

Sd/(JAYANT BANERJI)

JUDGE

Sd/(UMESH M ADIGA) JUDGE

AG

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