Smt. J. Shantha Vs State of Karnataka

REP. BY HER GPA HOLDER, SRI. MANJUNATH SOKKALINGAM, S/O. SOKKALINGAM, AGED ABOUT 39 YEARS, R/AT. NO.212, 9^TH MAIN, HRBR LAYOUT, 1^ST BLOCK, BENGALURU- 560 043.

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…PETITIONER

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(BY SRI. H. PAVANA CHANDRA SHETTY, ADVOCATE)

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AND:

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STATE OF KARNATAKA, REP. BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.

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2 - NC: 2026:KHC:14839 WP No. 8338 of 2026

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HC-KAR

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THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY (BDA), KUMARA PARK WEST, T. CHOWDAIAH ROAD,

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BENGALURU- 560 020.

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THE DEPUTY SECRETARY-4, BANGALORE DEVELOPMENT AUTHORITY (BDA), KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU- 560 020.

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FINANCIAL MEMBER,

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BANGALORE DEVELOPMENT AUTHORITY (BDA), KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU- 560 020.

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…RESPONDENTS

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(BY SRI. A.S. HARISH, AGA FOR R1; SRI. K. KRISHNA, ADV. FOR R2 TO R4; R5 IS DELETED V/O DATED 12.03.2026)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RESIDENTIAL SITE AUCTION CONFIRMATION LETTER BEARING ITS NO.BEMAAPRA/ AASA/E-HARAJU SMVL/ 559/A/2025-26 ISSUED BY THE 4^TH RESPONDENT AUTHORITY/FINANCIAL MEMBER, BANGALORE DEVELOPMENT AUTHORITY DATED 06.01.2026 WHEREIN CALLED FOR THE AUCTION TO THE SITE BEARING NO.559/A SITUATED AT SIR M. VISWESHWARAIAH LAYOUT, 5^TH BLOCK, ULLAL, BENGALURU FORMED BY THE

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HC-KAR

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RESPONDENT AUTHORITY, WHEREIN 5^TH RESPONDENT BEING A HIGHEST BIDDER TO THE SAID AUCTION PRODUCED AS ANNEXURE-A AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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ORAL ORDER

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The petitioner has sought for setting aside of the Residential Site Auction Confirmation Letter issued by respondent No.4 insofar as site No.559/A, situated at Sir M. Vishweshwaraiah Layout, 5^th Block, Ullal, Bengaluru. The petitioner has also sought for direction to respondents No.2 and 3 to register the site bearing No.559/1 situated at Sir M. Vishweshwaraiah Layout, 5^th Block, Ullal, Bengaluru measuring 15x24 meters in terms of the report at Annexure-K.

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At the outset, in light of the stand of respondent - Bangalore Development Authority (BDA), that the area is demarked in terms of the report at

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4 -

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NC: 2026:KHC:14839 WP No. 8338 of 2026

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HC-KAR

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Annexure-K and accordingly, the apprehension of the petitioner that the auction of the adjacent site No.559/A would have the effect of encroaching on the dimension reserved for the petitioner, does not arise.

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Learned counsel for the petitioner files a memo

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seeking for deletion of respondent No.5. In light of the memo filed, respondent No.5 is permitted to be deleted from the array of parties.

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The brief facts are that the petitioner was an allottee of G-category site at the first instance. The site No.73 measuring 50x80 feet situated in Rajamahal Vilas, 2^nd stage Layout was initially allotted. In fact, it is averred that the lease-cum-sale agreement was also executed in favour of the petitioner on 28.04.2010. It is made out from the pleadings that the allotment of G-category site was set aside and subsequently, petitioner made a representation for allotment of an alternative site. The request for alternative site was made in light of the

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HC-KAR

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directions that were issued by the Committee set up to examine entitlement of the site holders such as the petitioner.

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It is not in dispute that the respondent- BDA has identified site No.559/1 to be allotted to the petitioner. Such identification is made out from the proceedings at Annexure-J. In terms of the said proceedings of the BDA, the site measuring 15x24 meters, bearing site No.559/1 in 5^th Block at Sir M. Vishweshwaraiah Layout was demarked. The measurement of the said site is as per the report at Annexure-K. Perusal of Annexure-K would indicate that the

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total extent of the site i.e., 559/1 is 360.0 square meters with measurement of east to west - 24 meters and north to south - 15 meters.

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Learned counsel for the respondent - BDA

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submits that Annexure-K is a matter of record and further upon instructions files a memo and encloses the report of the Assistant Executive Engineer dated 09.03.2026 and

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HC-KAR

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submits that the measurement of site No.559/1, which is eventually to be conveyed to the petitioner, tallies with the measurements at Annexure-K. It is further submitted that the eventual execution of sale deed in favour of the petitioner would be in terms of the measurement at Annexure-K as also the communication of the Assistant Executive Engineer dated 19.03.2026 and that the apprehension of the petitioner that there would be a shortfall in the measurement of site No.559/1 by conveying an increased extent in site No.559/A, would not arise.

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7. In light of the said unequivocal stand by the

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respondent - BDA, the question of passing any order as regards the auction of site No.559/1, would not arise. Taking note of the stand of the respondent - BDA that the sale deed would be executed to the petitioner upon other procedural formalities being completed in terms of the measurement at Annexure-K, petition is disposed of as not calling for any further adjudication while recording the

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