Writ Petition No. 8681 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:929 WP No. 8681 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 8681 OF 2024 (BDA) …PETITIONER BETWEEN: SRI.M. VENKATASHAMAIAH @ VENKATESH S/O LATE MUNINANJAPPA AGED ABOUT 55 YEARS R/AT DOOR NO 12/2 CHENNSANDRA VILLAGE R R NAGAR POST KENGERI UTTARAHALLI MAIN ROAD, BENGALURU - 560 098.
Legal Reasoning
(BY SRI. K S CHANDRAHASA., ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER KUMARA PARK WEST T CHOWDAIAH ROAD BENGALURU 560020 EMAIL :[email protected]. 2. THE ASSISTANT DIRECTOR OF LAND RECORDS BANGALORE SOUTH KANDHAYA BHAVAN K G ROAD BENGALURU - 560 001. 3. THE BEML EMPLOYEES CO-OPERATIVE SOCIETY LIMITED Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:929 WP No. 8681 of 2024 HAVING ITS OFFICE AT M/S BEML LIMITED, BANGALORE COMPLEX NEW THIPPASANDRA, BY ITS SECRETARY BANGALORE - 560 075. REPRSENTED BY ITS PRESIDENT/ EXECUTIVE DIRECTOR/SECRETARY PAN NO AAALTO689E. 4. SRI B GIRIRAJA S/O SRI BASAPPA AGED ABOUT 57 YEARS R/AT C/O ANANTHA KUMAR NO 35, 1ST MAIN, MAA NIVAS RAMESH NAGAR, MARATHALLI POST BANGALORE - 560 037 PAN AFUPG9776J. 5. SMT K POORNIMA W/O LATE B N SRINIVASA MURTHY AGED ABOUT 62 YEARS R/AT NO 822 'A' BPCL SAHAKARNAGAR BANGALORE - 560 092 AADHAR NO 992207635913. 6. SMT DEEPTHI HARVE D/O K POORNIMA AGED ABOUT 36 YEARS R/A C 24, GHARKUL SOCIETY SIDDARTHNAGAR LANE VAKOLA, SATACRUZ EAST MUMBAI- 40055 AADHAAR 3794 1985 1368. 7. SMT RUPA ACHARYA W/O SRI YOGISH ACHARYA AGED ABOUT 53 YEARS R/AT NO. 1215, "NANDANANDANA" 8TH CROSS, 2ND PHASE VBH COMPLEX, GIRINGAR BANGALORE - 560 085. - 3 - NC: 2025:KHC:929 WP No. 8681 of 2024 SMT LAKSHMI JAYANNA W/O SRI JAYANNA K SINCE DECEASED REPRSENTED BY HER HUSBAND AND DAUGHTERS 8. SRI JAYANNA K., S/O LATE SUBBAIAH AGED ABOUT 72 YEARS R/AT NO 5, SWYAMKRUSHI 11TH MAIN ROAD PADMANABHANAGAR BANGALORE - 560 070. 9. SMT ASHWINI W/O SRI SAI VENKATESH D/O SRI JAYANAN K AGED ABOUT 43 YEARS R/AT NO 2181, 17TH CROSS SAMPIGE ROAD MALELSHWARAM BANGALORE - 560 003. 10. SMT ARCHANA W/O SRI G L SUBBARAM D/O SRI JAYANNA K AGED ABOUT 45 YEARS R/AT PLOT NO 4, NEW SBH COLONY NEAR NTPC GUEST HOUSE MAREDPALLY, NERHUNAGAR HYDERABAD - 560 026 TELANGANA. 11. SRI A SEBASTINE S/O LATE ANTHONY DASS AGED ABOUT 69 YEARS R/AT 14/1, 1ST MAIN ROAD SOWRIMANI NIVAS RAMESHNAGAR BANGALORE - 560 037 - 4 - NC: 2025:KHC:929 WP No. 8681 of 2024 PAN NO ASBPS7562C. 12. SRI P N SRINIVAS S/O NANJAIAH AGED ABOUT 68 YEARS R/AT NO 2593, 11TH MAIN ROAD E BLOCK, 2ND STAGE RAJAINAGAR, BANGALORE - 560 010. 13. SRI SATISH MARIYAPPA S/O A N CHIKKAMARLYAPPA AGED ABOUT 51 YEARS R/AT NO 168, 5TH MAIN 5TH STAGE, IST PHASE BEML LAYOUT RAJARAJESHWARI NAGAR BANGALORE - 560 098 PAN NO ABOPS99995H. …RESPONDENTS (BY SRI. B. VACHAN., ADVOCATE FOR R1 SRI. HANUMANTHARAYA LAGALI, AGA FOR R2; SRI. KUSHAL GOWDA, ADVOCATE FOR SRI. N. BYREGOWDA, ADVOCATE FOR R3, R5, R7, R9, R12 SERVED AND UNREPRESENTED; SRI. BHARGAV G, ADVOCATE FOR R6 AND R13) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI TO MODIFY THE LAYOUT PLAN IN SO FAR AS THE INVOLVEMENT OF THE LAND OF THE PETITIONER BEARING KHANESHUMARI NO. 61 VIDE ANNX-PIP AND TO HOLD THAT THE VARIOUS DEEDS UNDER ANNEXURE-V1 TO V9 -V1 TO V0 TRUE COPIES OF THE SALE DED DATED 28.11.2008, 15.12.2008, 8.04.2022, 8.0.2022, 14.09.2009, 21.09.2010, 4.05.2011, 3.09.2011, 12.04.2022 ARE NON EST IN THE EYE OF LAW . THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 5 - NC: 2025:KHC:929 WP No. 8681 of 2024 ORAL ORDER The short grievance of the petitioner is that he is the owner of the land bearing Khaneshumari No.61 forming western portion of Sy.No.22, measuring East to West 22 yards and North to South 114 yards, totally measuring 2508 yards which is equivalent to 22572 sq.ft. as reflected in the report of the Taluka Surveyor dated 06.04.1961 produced at Annexure-A. That the said land was granted in favour of one Sri.Muninanjappa, the grandfather of the petitioner on 07.06.1979 and that revenue records are made in the name of the grandfather of the petitioner. 2. It is further case of the petitioner that respondent No.3-Society is forming a layout in the land adjacent to the land of the petitioner and in the process is claiming the eastern portion of the land belonging to the petitioner. Therefore, the petitioner had made a representation dated 30.06.2022 to the respondent No.2 as per Annexure-S seeking survey of the land belonging to the petitioner as well as the survey of the land belonging - 6 - NC: 2025:KHC:929 WP No. 8681 of 2024 to the respondent No.3- Society. That despite several rounds of follow-up, respondent No.2- authority has not taken any steps in causing survey done as sought for by the petitioner, constraining the petitioner to approach this Court. 3. Learned counsel for the petitioner submits that if a direction is issued to the respondent No.2 to conduct the survey and to furnish the report thereof, the purpose
Decision
of filing the writ petition would be served. 4. In response, learned AGA submits given some time, survey as sought for, would be conducted and report of the survey would be furnished to the petitioner and the respondent No.3. 5. Submission is taken on record. 6. In that view of the matter, following; ORDER (1) Petition is disposed of. - 7 - NC: 2025:KHC:929 WP No. 8681 of 2024 (2) Respondent No.2 shall conduct the survey as requested by the petitioner in the presence of the petitioner and the representatives of respondent No.3-Society. (3) Since the parties are represented by their respective counsel, petitioner and representative of respondent No.3 shall make themselves available at the spot on 01.02.2025 at 11.00 a.m. and shall not expect any further notice from the respondent No.2, shall extend all cooperation in conducting of survey. (4) Parties are at liberty to issue memo of instructions. (5) The respondent No.2 shall furnish the report of the survey to both the parties within a period of one week thereafter. (6) It is made clear no observation or opinion is expressed with respect to the merits or otherwise of the case. - 8 - NC: 2025:KHC:929 WP No. 8681 of 2024 (7) It is further made clear that till the survey is conducted and report is furnished as directed hereinabove, the respondent No.3 shall maintain status quo with regard to the subject property. Cost of survey if any shall be borne equally by the petitioner and the respondent No.3-soiety. SD/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 21