Smt Praneshwari P K Vs the Bengaluru Development Authority

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NC: 2025:KHC:243 WP No. 39821 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 07^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. 39821 OF 2018 (BDA)

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BETWEEN:

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SMT PRANESHWARI P.K., W/O SHRI O.KASTURAPPA, AGED ABOUT 58 YEARS, R/O NO.720, "KASTURI TILAKA" III "A" CROSS, HRBR LAYOUT, 1^ST BLOCK, KALYAN NAGAR, BENGALURU-560 043.

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…PETITIONER

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(BY SRI. PRADEEP KUMAR P.H., ADVOCATE FOR SRI. SHANMUKHAPPA.,ADVOCATE)

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AND:

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Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

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THE BENGALURU DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. REPRESENTED BY ITS COMMISSIONER.

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…RESPONDENT (BY SRI. B.S. SACHIN.,ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT-AUTHORITY TO ALLOT THE SITE IN QUESTION IN FAVOUR OF THE PETITIONER OR TO ALLOT ANY OTHER ALTERNATE SITE AT THE SAME RATE IN ANY OTHER LAYOUT FORMED BY IT.

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NC: 2025:KHC:243 WP No. 39821 of 2018

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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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Present petition is filed by the petitioner-allottee of the site bearing No.1158 situated at 6^th Stage, 4^th 'B' Block, in further extension of Banashankari 6^th phase in terms of allotment letter dated 01.02.2004. The total sale consideration required to be paid by the petitioner was Rs.7,56,000/-. Petitioner had admittedly paid the initial deposit of Rs.37,800/on 16.10.2003, however, did not pay the balance amount within the time stipulated.

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The respondent -BDA had called upon the petitioner to pay the balance amount vide letter dated 05.05.2004. The petitioner could not make the payment owing personal inconvience. However by letter dated 18.01.2004 petitioner had requested for extension of time for payment of said amount. Thereafter, on 06.09.2004, the petitioner stated to have paid the entire balance amount by way of cheque drawn in favour of

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NC: 2025:KHC:243 WP No. 39821 of 2018

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the respondent, however, there was a delay of two months in making payment of the balance sale consideration. Since there was no response to the subsequent follow-up representations filed by the petitioner, petitioner is before this Court.

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This court by order dated 10.04.2024 had directed the respondent -BDA to clarify if the subject site was still available or whether it was allotted to some other person.

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Today, learned counsel for the respondent -BDA files a memo along with a note issued by the Deputy Secretary, Bangalore Development Authority, dated 16.04.2024 stating that site No.1158 which was allotted to the petitioner and which was cancelled has not been allotted to any other person and same is still available for allotment.

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Memo is taken on record.

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Counsel for the petitioner submits that petitioner is

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ready and willing to pay the interest on the delayed payment as per law on same being informed by the respondent -BDA.

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Counsel for the respondent -BDA submits that if the petitioner is ready and wiling to pay the interest on the delayed

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NC: 2025:KHC:243 WP No. 39821 of 2018

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payment as may be informed to the petitioner, respondent - BDA would have no objection in allotting the said site.

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Submission is taken on record.

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In that view of the matter, following:

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ORDER

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i). Writ petition is disposed of.

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ii) The respondent-BDA to inform the petitioner the interest amount payable for the delayed period of payment within one month from the date of the receipt of the certified copy of this order.

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iii) The petitioner to make such payment and on payment of such amount, the respondent-BDA to allot the same and complete the formalities as required under law.

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Sd/(M.G.S. KAMAL) JUDGE

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RU, List No.: 1 Sl No.: 29

Smt Praneshwari P K v. the Bengaluru Development Authority

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Smt Praneshwari P K v. the Bengaluru Development Authority

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