SMT. INDIRA BAI, vs THE STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 8 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ

WRIT PETITION NO. 10276 OF 2025 (BDA)

BETWEEN:

SMT. INDIRA BAI,
W/O LATE L.K.CHAVAN,
AGED ABOUT 64 YEARS,
BEERI (B) TANDA,
BEERI (B) POST, BHALKI TALUK,
BIDAR DISTRICT - 585328.
…PETITIONER






(BY SRI. NAGARAJAPPA A., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU - 560001.

2. THE BENGALURU DEVELOPMENT AUTHORITY,
KUMARA KRUPA,
T. CHOUDAIAH ROAD WEST,
BENGALURU - 560020.
REPRESENTED BY ITS COMMISSIONER.

3.
THE DEPUTY COMMISSIONER-1,
BENGALURU DEVELOPMENT AUTHORITY,
KUMARA KRUPA,
T. CHOUDAIAH ROAD WEST,
BENGALURU - 560020.
…RESPONDENTS
(BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.1;




Digitally
signed by
HEMALATHA J
Location:
HIGH COURT
OF
KARNATAKA

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SRI. M. UNNIKRISHNAN, ADVOCATE FOR RESPONDENT NOS.2 AND
3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DATED 24.09.2024 IN NO.BEMAPRA/HUKA-
RD
1(BIN)/95478/2024-25 ISSUED BY 3 RESPONDENT MARKED AT
ANNEXURE-G AND ETC.
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 an endorsement bearing No . ¨ÉAC¥Áæ/GPÁ-
1(©¤)/95478/2024-25 dated 24.09.2024 issued by the respondent
No.3. She has also sought for a writ in the nature of
mandamus to direct the respondent Nos.2 and 3 to consider
her representations dated 27.07.2012, 17.09.2013, 20.08.2014
and 18.01.2018 and allot a site measuring 50' x 80' under G -
Category as per the rules prevalent in the year 1999.

2. (i) Petitioner contends that her husband was a
Member of the Legislative Assembly from Hulsur Assembly
constituency for the term 1994-1999. She contends that her

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husband submitted a letter dated 27.07.2012 to the then
Hon'ble Chief Minister of Karnataka seeking allotment of a site
measuring 50' x 80' and he had mentioned therein that he had
no residential site or house in Bengaluru. He again submitted a
representation dated 17.09.2013 to the then Chief Minister who
was in office. Unfortunately, the husband of petitioner died on
15.11.2013. The petitioner then submitted an application on
20.08.2014 to the then Hon'ble Chief Minister seeking allotment
of site under the G - Category. The same was forwarded to the
respondent No.2 to take steps. She submitted yet another
representation on 18.01.2018 to the Hon'ble Chief Minister.
However, an endorsement was issued on 15.11.2014 by the
respondent No.3 advising her to submit an application along
with all necessary documents with a deposit and other
necessary documents. Petitioner contends that after several
years, an endorsement was issued by the respondent No.3 on
24.09.2024 advising her to file appropriate applications
whenever a notification under Rule 5 of the Bangalore
Development Authority (Allotment of Sites) Rules, 1984 is
issued.

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(ii) The petitioner being aggrieved by the said
endorsement is before this Court.
3. The learned counsel for the petitioner submitted
that an application was filed by the husband of the petitioner in
the year 2012 and therefore, the application must have been
considered in accordance with the rules that was in force at
that point in time. He contends that the respondent No.3 has
rejected the application of the petitioner on the ground that she
has to apply whenever a notification under Rule 5 of the
Bangalore Development Authority (Allotment of Sites) Rules,
1984 is issued. He contends that this is not only arbitrary but
also deprives an opportunity of the petitioner for allotment of a
site. He therefore, prays that the impugned endorsement be
quashed and a direction be issued to the respondent No.2 to
allot a site under G - Category.
4. (i) The learned counsel for the respondent Nos.2
and 3 on the other hand contends that the allotment of site
under the G - Category in the manner that was prescribed
under the Regulations 1997 is discontinued and a composite
procedure is incorporated in Rule 5 of the Bangalore

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Development Authority (Allotment of Sites) Rules, 1984, which
reads as follows:
" 5. Allotment of stray sites .-(1)
Notwithstanding anything contained in these rules,
allotment of stray sites shall be in accordance with
the provisions hereinafter provided.
(2) The authority shall at least once in a year cause to
be prepared a list of stray sites, giving details of
layouts and dimension of sites and offer any or all the
sites for allotment under this rule to persons eligible
for allotment.
(3) Due publicity shall be given in respect of sites
offered for allotment specifying their location,
number, last date for submission of application and
such other particulars as the Commissioner may
consider necessary, by affixing a notice on the notice
board of the office and website of the authority and
any other office as the Commissioner may decide and
by publication in not less than two daily newspapers
published in City of Bangalore in English and
Kannada, having wide circulation in the city.
(4) Sites shall be allotted among different categories
as follows:
Category Description Percentage

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A Disposal by auction 30
10
B Persons who have
recognition in the field of
sports at
International/National
Level
15
C Persons who have won
special recognition in the
field of Art, Painting,
Sculpture, Music, Dance,
Drama, Films, Science,
Literature, Education,
Medicine, Press and
Electronic media and
Public Administration at
the National/International
Level and sitting or former
members of Higher
Judiciary
D Ex-Military personnel or 05
military personnel
05
E Freedom fighters who are
residents of Bangalore
Metropolitan Area for a
period of not less than ten
years
F Dependents of Karnataka
Government Servants who
died while on duty
05
G Persons in public life 30
Explanation.- For the purpose of Category "G",
"Persons in public life" means persons who are
serving the public or available to the people for
service as a whole and involved in the affairs of the

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Community in different capacities and includes
persons who are or were elected or nominated to the
Parliament or the State Legislature.
(5) Allotment through auction under Category
'A' shall be made only to a person if. -
(i) he is not a minor; and
(ii) he is a citizen of India.
(6) Allotment to any person falling under
Categories 'B' to 'G' shall be made only if. -
(i) he is not a minor;
(ii) he is a domicile of Karnataka for not less
than fifteen years;
(iii) he or any member of his family does not
own a site or a house in the Bangalore Metropolitan
Area and has not been allotted a site or house by the
Bangalore Development Authority or any other
Authority within the Bangalore Development
Authority or any other Authority within the Bangalore
Metropolitan Area; and
(iv) he satisfies the Authority that he is in a
reasonable position to put up a building on the site
allotted, within a period of three years from the date
of handing over possession of the site:

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Provided that requirement of fifteen years
domicile may be relaxed by the Authority.-
(i) in case of persons who are domiciled in the
State of Karnataka but are in the Armed Forces of
the Union and serving outside the State of
Karnataka;
(ii) in the case of persons who are domiciled in
the State of Karnataka but have gone outside the
State for employment, business, studies or training
bona fide
and who intend to reside in the Bangalore
Metropolitan Area; and
(iii) in the case of persons belonging to
Categories 'B' and 'C' with the prior permission of the
Government.
(7) Sites earmarked for disposal under
Category 'A' shall be allotted by the Authority based
on the result of auction.
(8) Sites to persons falling under Categories 'B'
to 'F' (both inclusive) shall be allotted by the
Authority on the recommendation of a committee
constituted by it.
(9) In the case of persons falling under
Category 'G', the Authority shall scrutinise all
applications received and submit them to the

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Government for approval and after getting the
approval allot the sites to such persons.
(10) Value of sites to be allotted to persons
falling under Categories 'B' to 'G' shall be fixed at ten
per cent above the current value of sites which are
allotted under Rule 11.
(11) The provisions of Rules 7, 8, 9, 13, 14 and
15 shall apply for allotment made under this rule in
respect of Categories 'B' to 'G"."

(ii) The learned counsel for respondent Nos.2 and 3
therefore contends that the petitioner cannot compel the
respondents to allot a site under the G - Category more
particularly when the husband of the petitioner has expired. He
contends that if an application is filed by the petitioner
whenever a notification is issued, the same would be
considered in accordance with law.
5. I have considered the submissions of the learned
counsel for the petitioner and the learned counsel for the
respondent Nos.2 and 3.

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6. The allotment of sites under the G - Category which
was contemplated under Rule 5 of the Bangalore Development
Authority (Allotment of Sites) Rules, 1984, underwent a change
by substitution of Rule 5 with effect from 20.05.2015. No
doubt, the husband of the petitioner had sought for allotment
of a site under the G - Category in the year 2012 by filing a
representation before the then Hon'ble Chief Minister followed
by a further representation to the then Hon'ble Chief Minister
on 17.09.2013. However, he expired on 15.11.2013 before any
site was allotted to him. As on 20.05.2015, no sites under the
G - Category was allotted to the petitioner in recognition of her
entitlement to claim allotment of G - Category site. Therefore,
the petitioner cannot now compel the respondent Nos.2 and 3
to allot a site under the G - Category as the procedure for
allotment of a site under the G - Category is now altered by the
rules, as stated above. Therefore, the only way in which the
petitioner can now seek for allotment of a site under the G -
category is to file an application whenever a notification is
issued by the respondent No.2 inviting applications for
allotment. Therefore, there is no error committed by the

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respondent No.3 in issuing the impugned endorsement
warranting interference in this writ petition.
dismissed
7. Hence, the petition is . It is always open
for the petitioner to file appropriate application seeking
allotment of site under the G - Category whenever a
notification is issued by the respondent No.2 under Rule 5 of
the Bangalore Development Authority (Allotment of Sites)
Rules, 1984.

Sd/-
(R. NATARAJ)
JUDGE







PMR
List No.: 1 Sl No.: 81