K Vidyashankar Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

K Vidyashankar Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

None of the petitioner's prayers granted: the quashing prayer against the auction notification was rejected; the petitioner was held free to take possession of Site No.B7-SF-3240 (12.00 x 18.00 metres), Nadaprabhu Kempegowda Layout, already allotted by respondent No.2.

Issue for consideration

Whether the auction notification issued by the fourth respondent (BDA) in respect of Site No.304/A measuring 12.19 x 18.00 metres at Agara Village, HSR Layout 4th Sector, Bengaluru-560102, published in Times of India (Bengaluru edition) dated 17.08.2025, should be quashed by a writ of certiorari. +1 more

Court's answer

The relief sought by the petitioner to quash the auction notification issued by respondent No.4 in respect of Site No.304/A, HSR Layout 4th Sector, is rejected.

Ratio / Principle

The petitioner has no vested right to seek allotment of a particular site as an alternate site; which site is allotted is a policy decision of respondent No.2 (BDA).

Key takeaways

Recorded as a matter of record: 'G' category sites are allotted out of turn and in recognition of services rendered by citizens to society at large (supporting context for the discretionary character of such allotments).obiter¶6
Finding the petitioner unable to take possession of the site earlier allotted to him, respondent No.2 made amends by allotting another site of similar dimension in Nadaprabhu Kempegowda Layout.ratio¶6

Detailed headnote1 paragraphs

Karnataka HC (R. Nataraj J), WP No.26539 of 2025 (BDA), order dated 12-06-2026: A senior journalist allotted Site No.1017, HSR Layout 6th Sector, in the 'G' category under lease-cum-sale agreement dated 16.07.2011 could not take possession as the site was under litigation; his representation dated 08.08.2024 seeking Site No.304/A, HSR Layout 4th Sector, as an alternative site was, despite a Division Bench direction of 22.04.2025 in W.P No.11456/2025 to consider it, allegedly unimplemented (CCC No.1089/2025 pending). Meanwhile BDA notified an auction (Times of India, Bengaluru edition, 17.08.2025) including Site No.304/A among sites to be auctioned on 08-09.09.2025. Held: an allottee has no vested right to demand a particular site as an alternative; selection of the alternate site is a policy decision/prerogative of respondent No.2 (BDA); 'G' category sites are allotted out of turn in recognition of public service (recorded context); and since BDA had already made amends by allotting the similarly sized (12.00 x 18.00 m) Site No.B7-SF-3240 at Nadaprabhu Kempegowda Layout, the prayer to quash the auction notification was rejected and the writ petition disposed of, it being open to the petitioner to take possession of Site No.B7-SF-3240.

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NC: 2026:KHC:28810 WP No. 26539 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 26539 OF 2025 (BDA)

BETWEEN:

K. VIDYASHANKAR S/O LATE B. KRISHNASWAMY AGED ABOUT 72 YEARS SENIOR JOURNALIST R/A 18, 10^TH CROSS, NR COLONY, BENGALURU-560028

…PETITIONER

(BY SRI. CHETHAN A.C., ADVOCATE)

AND:

THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001.

Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA

THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, BENGALURU-560020.

THE EXECUTIVE ENGINEER (EAST), BDA EAST DIVISION, HSR LAYOUT BDA COMPLEX, BENGALURU-560102.

THE ENGINEERING MEMBER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, BENGALURU-560020.

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NC: 2026:KHC:28810 WP No. 26539 of 2025

HC-KAR

THE FINANCE MEMBER, BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, BENGALURU-560020.

THE DEPUTY SECRETARY-1, BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, BENGALURU-560020.

…RESPONDENTS

(BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1;

SRI. VASANTH, ADVOCATE FOR RESPONDENT NOS.2 TO 6)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION NOTIFICATION ISSUED BY THE FOURTH RESPONDENT PERTAINING TO SITE NO.304/A MEASURING 12.19 X 18.00 METRES SITUATED AT AGARA VILLAGE, HSR LAYOUT 4^TH SECTOR, BENGALURU-560102 SHOWN AS ITEM NO.2 WHICH WAS PUBLISHED IN TIMES OF INDIA NEWSPAPER, BENGALURU EDITION DATED 17/8/2025 WHICH IS PRODUCED HEREWITH AS ANNEXURE A.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has sought for a writ in the nature of certiorari to quash the auction notification issued by the respondent No.4 relating to Site No.304/A measuring 12.19 x

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18.00 Meters situate at Agara Village, HSR Layout 4^th Sector, Bengaluru-560 102, published in the Times of India Newspaper, Bengaluru Edition dated 17.08.2025.

The petitioner claims that he is a Senior Journalist and in recognition of his services, the Bangalore Development Authority ('BDA' for short) allotted a site in 'G' category and executed a lease cum sale agreement on 16.07.2011 agreeing to convey Site No.1017 in HSR Layout 6^th Sector. The petitioner claims that since the said site was under litigation, he could not take possession of the site. He submitted a representation dated 08.08.2024 requesting it to allot Site No.304/A in HSR Layout 4^th Sector as an alternative site. Since the said representation was not considered, he approached this Court in W.P No.11456/2025. A Division Bench of this Court in terms of an Order dated 22.04.2025, directed the BDA to consider the representation of the petitioner dated 08.08.2024 for allotment of alternate Site and inform result of such consideration to the petitioner within the time stipulated therein. The petitioner contends that the respondent No.2 has not complied with the direction issued by the Division Bench of this Court in W.P

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No.11456/2025 which constrained the petitioner to file CCC No.1089/2025 and the same is pending consideration before a Division Bench of this Court. The petitioner contends that in the meanwhile, the BDA has proposed to auction various sites on 08.09.2025 and 09.09.2025 and the site mentioned by the petitioner in his representation, namely, Site No.304/A in HSR Layout 4^th Sector was also sought to be auctioned. The petitioner is, therefore, before this Court challenging the said auction and has sought for a direction to the BDA to allot Site No.304/A.

The learned counsel for the petitioner submits that the petitioner had requested for allotment of Site No.304/A in HSR Layout 4^th Sector as an alternate plot in lieu of Site No.1017 that was allotted to him earlier. He contends that the respondent No.2 was bound to indicate why Site No.304/A could not be allotted to the petitioner as an alternate plot. He contends that in order to defeat the claim of the petitioner, the said site is sought to be auctioned and therefore, prays that the auction be set at nought.

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The learned counsel for the respondent Nos.2 to 6 submits that the Site bearing No.1017 of HSR Layout 6^th Sector was mired in litigation and therefore, the petitioner could not take possession of the site. He contends that now the BDA has taken a decision to allot Site bearing No.B7-SF-3240 measuring 12.00 Meters x 18.00 Meters situate at Nadaprabhu Kempegowda Layout (Sy. NOs.33/2 and 34/1 Bheemanakuppe Village). He has also furnished a copy of the letter of allotment issued by the BDA in the name of the petitioner. He contends that the petitioner cannot as a matter of right seek for allotment of an alternate site, more particularly, a site identified by him as it is the prerogative of the respondent No. 2 to allot a site that is available with it. He, therefore, prays that this writ petition may disposed off directing the petitioner to take possession of the Site bearing No.B7-SF-3240.

I have considered the submissions of the learned counsel for the petitioner and the learned counsel for the respondent Nos.2 to 6.

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NC: 2026:KHC:28810 WP No. 26539 of 2025

HC-KAR

The petitioner has claimed that he was allotted a Site bearing No.1017 situate in HSR Layout 6^th Sector in 'G' category. The petitioner has also admitted that he could not take possession of the said site in view of a litigation pending in respect of that site. The petitioner thereafter seems to have identified a site in HSR Layout 4^th Sector and had sought the said site to be allotted as an alternate site. The petitioner has no vested right to seek for allotment of a particular site as it is the policy decision of the respondent No.2 to allot a particular site to him as an alternate site. It is also a matter of record that 'G' category sites are allotted out of turn and in recognition of services rendered by Citizens to the Society at large. The respondent No.2 having found that the petitioner was unable to take possession of a Site that was earlier allotted to him has made amends by allotting another site of a similar dimension in Nadaprabhu Kempegowda Layout.

In that view of the matter, the relief sought for by the petitioner to quash the impugned auction notification issued by the respondent No.4 in respect of the Site No.304/A in HSR Layout 4^th Sector, is liable to be rejected and is accordingly

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HC-KAR

rejected. It is open for the petitioner to take possession of the Site bearing No.B7-SF-3240 measuring 12.00 Meters x 18.00 Meters allotted by the respondent No.2 at Nadaprabhu Kempegowda Layout.

Accordingly, the Writ Petition is disposed of.

Sd/-

(R. NATARAJ) JUDGE

SMA

List No.: 1 Sl No.: 50