Karnataka High Court
The Commissioner vs Pairee Infotech Pvt Ltd on 4 November, 2025
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WA No. 281 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU
WRIT APPEAL NO. 281 OF 2025 (BDA)
BETWEEN:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
AN AUTHORITY ESTABLISHED UNDER THE
BANGALORE DEVELOPMENT AUTHORITY
ACT, 1976, T. CHOWDAIAH ROAD
KUMARA PARK WEST
BANGALORE-560 003
REPRESENTED BY ITS COMMISSIONER
2. THE FINANCE MEMBER
Digitally BANGALORE DEVELOPMENT AUTHORITY
signed by
VASANTHA T. CHOWDAIAH ROAD
KUMARY B K KUMARA PARK WEST
Location: BANGALORE-560 003
HIGH
COURT OF ...APPELLANTS
KARNATAKA
(BY SRI AJAYKUMAR M, ADVOCATE)
AND:
1. PAIREE INFOTECH PVT LTD
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF COMPANIES ACT, 1956
NO.24, 8TH MAIN, R.M.V EXTENSION
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WA No. 281 of 2025
HC-KAR
BENGALURU-560 080
REP. BY ITS AUTHORIZED DIRECTOR
SUNKU BALAJI
S/O S VENKATARAMANAPPA
2. STATE OF KARNATAKA
REP BY CHIEF SECRETARY
VIDHANA SOUDHA
DR. AMBEDKAR VEEDI
BENGALURU-560 001
...RESPONDENTS
(BY SRI SAMPATH A, ADVOCATE FOR C/R-1;
SRI M N SUDEV HEGDE, AGA FOR R-2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO ALLOW THE ABOVE
WRIT APPEAL AND SET ASIDE THE ORDER DATED 16.10.2024
PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.7043/2024 AND FURTHER BE PLEASED TO ALLOW
THE WRIT PETITION.
THIS APPEAL, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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WA No. 281 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
This writ appeal has been filed impugning the judgment
and order dated 16.10.2024 passed by the learned Single in Writ
Petition No.7043/2024.
2. The parties are referred to as per their rankings in the writ
Court.
3. The petitioner was a successful bidder in respect of Site
No.8 situated in the layout formed in Survey No.32 of
Devasandra, Bengaluru. The site admeasuring 165 sq.mtrs. (for
commercial purposes) was put on auction by the Bangalore
Development Authority (BDA) on 30.08.2004. The bid price was
Rs.42,40,500/-. The petitioner deposited 25% of the bid amount
on the same day i.e., Rs.10,60,200/- and the balance 75% was
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to be deposited within a period of 90 days thereafter i.e., on
01.12.2004.
4. It appears that there was some litigation pending in respect
of the site in question in O.S.No.6459/2004 and the final sale
deed could not be executed in favour of the petitioner. The
petitioner has not deposited 75% of the balance amount. The
said civil suit came to be dismissed on 20.01.2011.
5. After the suit in respect of the site in question got
dismissed, the respondent-BDA has issued a communication
demanding 18% interest on the balance amount. Earlier, the
respondent-BDA did not respond to the request of the petitioner
for executing the sale deed in favour of the petitioner. The
petitioner has, therefore, filed the aforesaid writ petition in which
the impugned judgment and order has been passed directing the
respondent-BDA to collect the balance consideration of 75% of
the auction amount as specified in the allotment letter dated
30.08.2004, and execute the transfer deed in favour of the
petitioner.
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6. The learned counsel for the respondent-BDA has
submitted that the petitioner has enjoyed 75% of the balance
consideration for all these years and the petitioner must be
directed to pay the interest which the learned Single Judge has
failed to take into account.
7. We have considered the submissions and with the consent
of the learned counsel for the parties, we dispose of this writ
appeal with the following directions:
(i) The petitioner has already deposited 75% of the
balance amount on 12.11.2024 i.e., Rs.31,80,300/-. The litigation
in respect of the said site was over only in the year 2011 and
therefore, the petitioner has agreed to deposit 7.5% interest on
the balance amount of 75% i.e., Rs.31,80,300/- from 01.02.2011
to 12.11.2024 within period of four weeks.
(ii) On making the said deposit by the petitioner, the
respondent-BDA shall execute the necessary sale deed in favour
of the petitioner and hand over the site free from all
encumbrances.
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8. With the aforesaid directions, we dispose of this writ
appeal.
In view of disposal of the writ appeal, pending interlocutory
applications, if any, stand disposed of.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(TARA VITASTA GANJU)
JUDGE
BKV
