H. S. Shivaram Vs State of Karnataka

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NC: 2025:KHC:3386 WP No. 24922 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 24922 OF 2023 (BDA)

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BETWEEN:

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H. S. SHIVARAM AGED ABOUT 71 YEARS, S/O. LATE DR. H. S. SUBBANNA, RESIDING AT NO. 82, SEVENTH CROSS ROAD, J. P. NAGARA THIRD PHASE, BENGALURU-560 078.

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…PETITIONER

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(BY SRI. MANJUNATHA L S., ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT,

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Digitally signed by ROOPA R U Location: High Court of Karnataka

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NO. 436, VIKASA SOUDHA, BENGALURU-560 001.

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BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, 5^TH MAIN ROAD, KUMARA PARK WEST, BENGALURU-560 020.

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…RESPONDENTS

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(BY SRI. HANUMANTHARAYA LAGALI., ADVOCATE FOR R1; SRI. MURUGESH V. CHARATI., ADVOCATE FOR R2)

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2 - NC: 2025:KHC:3386 WP No. 24922 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE ORDER IN THE NATURE OF MANDAMUS DIRECTION AGAINST THE R2, TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 05.04.2023 I.E., ANNEXURE-D HEREIN AND DIRECT THE RESPONDENT NO.2 TO FIX THE NOMINAL RATE OF SALE CONSIDERATION FOR THE MARGINAL VACANT LAND.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Petitioner is before this Court seeking following reliefs:

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"1) Issue any order or in the nature of mandamus direction against the respondent no.2, to consider the Representation of the Petitioner dated: 05.04.2023 i.e., ANNEXURE - "D" herein.

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2) Direct the Respondent No.2 to fix the nominal rate of sale consideration for the marginal vacant land".

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Petitioner is before this Court seeking direction to respondent No.2 to consider his representation dated 05.04.2023 produced at Annexure-D which was made

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seeking allotment of marginal land/site which is situated

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3 - NC: 2025:KHC:3386 WP No. 24922 of 2023

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on the eastern side of his property bearing No.82 situated

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at Narayana Setty Palya, Sarakki III phase, Bengaluru.

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Case of the petitioner is that the KSRTC Central Employees' Urban House Building Co-operative Society Limited, Bengaluru-560027 had allotted residential site No.82 to its member V.R.Ernest by way of a registered deed of sale executed on 10.02.1977. After the demise of V.R.Ernest, his legal heirs i.e., his wife Smt.Vesta Ernest and his only son Immanual S. Ernest, executed a deed of sale dated 29.12.1997 in favour of the petitioner. That a marginal piece of land measuring 456 square feet is situated on the eastern side of his property and the petitioner is utilizing the same for the better enjoyment of his property. That he had made representation as per Annexure-D on 05.04.2023 requesting the respondent authority to allot the said marginal land measuring 456 square feet at Rs.500/- per square feet and that despite several personal and written requests and follow ups, the

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4 - NC: 2025:KHC:3386 WP No. 24922 of 2023

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respondent authorities have not considered the same. Hence the petition.

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Learned counsel for the respondent-BDA submit the petitioner as a matter of right cannot claim allotment of that particular marginal land/site. However, if the petitioner satisfies the requirement of law governing allotment of such land/site, the same would be considered in accordance with law.

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Submissions taken on record.

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Accordingly, the following:

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ORDER

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(1) Petition is partly allowed.

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(2) Respondent-BDA to consider the representation of the petitioner produced at Annexure-D dated 05.04.2023 and if Petitioner is found eligible in accordance with the relevant rules applicable for allotment of marginal land/site, same shall be considered and an order one way or the other in this regard be passed and communicated to

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NC: 2025:KHC:3386 WP No. 24922 of 2023

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