Writ Petition No. 11289 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:16334 WP No. 11289 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 11289 OF 2025 (LA-BDA) BETWEEN: 1. S. NAGESH, S/O LATE S. SIDDAIAH, AGED ABOUT 48 YEARS, R/O NO. 17/1, 2ND CROSS ROAD, TULASI THOTA PARK ROAD, BANGALURU-560 053.
Legal Reasoning
2. SMT. S. GEETHA, W/O S. NAGESH, AGED ABOUT 40 YEARS, R/O NO.17/1, 2ND CROSS ROAD, TULASI THOTA PARK ROAD, BANGALURU-560 053. 3. RAJU, S/O CHINNATAAMBI, AGED ABOUT 52 YEARS, R/O HOUSE NO.332, DODDA BASTI ROAD, MARUTHINAGAR, SONNENAHALLI, ULLALU SETTELITE POST, BANGALAORE-560 110. 4. MANIVASAN R. S/O RAJU, AGED ABOUT 25 YEARS, R/O HOUSE NO.332, DODDA BASTI ROAD, MARUTHINAGAR, SONNENAHALLI, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16334 WP No. 11289 of 2025 ULLALU SETTELITE POST, BANGALAORE-560 110. 5. G.N. CHANNAPPA, S/O. LATE G.C.NANJUNDAIAH AGED ABOUT 54 YEARS, R/O GANJALAGUNTE VILLAGE, MADHUGIRI TALUK-572 132, KASABA HOBLI, TUMKUR DISTRICT. 6. MARISWAMY, S/O LATE BHUJANGEGOWDA, AND APPAJIGOWDA, S/O LATE BHUJANGEGOWDA, AGED ABOUT 52 YEARS, R/O NO. 260, BHUVANESWARINAGARA 1ST STAGE, 8TH CROSS ROAD, BANGALORE- 560 056. 7. PRASANNA KUMAR. S. S/O SITARAMAIAH. N., AGED ABOUT 45 YEARS, R/O NO.3, AKSHYA NILAYA, THOTADA GUDDAHALLI, NEAR ANGANAWADI, BANGALORE-560 073. 8. HANUMANTHARAJU, S/O SHANKARAPPA, AGED ABOUT 53 YEARS, R/O. NO.251/252, 1ST MAIN ROAD, 11TH CROSS ROAD, MARUTHINAGARA, 2ND STAGE, ULLALU POST, BANGALORE-560 056. 9. SMT. CHETANA KUMARI.K. W/O. SRINIVASA MURTHY, AGED ABOUT 40 YEARS, R/O. 15, 100 FEET ROAD, - 3 - NC: 2025:KHC:16334 WP No. 11289 of 2025 NEAR SRI LAKSHMI VENKATESWARA TENT HOUSE, SONNENAHALLI, MARUTHINAGARA, ULLALU SATELLITE POST, BANGALORE-560 056. 10. SRINIVASAS MURTHY, S/O LATE NAGAPPA, AGED ABOUT 41 YEARS, R/O NO. 15, 100 FEET ROAD, SONNENAHALLI, MARUTHINAGARA, ULLALU SATELLITE POST, BANGALORE-560 056. 11. B.K. YOGESH, S/O KEMPANNA, AGED ABOUT 35 YEARS, R/O NO. 78, SY.NO.9, 2ND STAGE, SONNENAHALLI, MARUTHINAGARA, ULLALU SATELLITE POST, BANGALORE-560 056. 12. ANJANEYASWAMY. A.H, S/O HALINA HANUMAIAH, AGED ABOUT 47 YEARS, R/O. SINGONAHALLI AGRAHARA, YADIYUR HOBLI, KUNIGAL TALUK, TUMKUR-572 142. 13. SMT. BHAVYA. P. W/O PRADEEP. S., AGED ABOUT 34 YEARS, R/O NO. 1040,5TH CROSS ROAD, 15TH MAIN ROAD, D-GROUP EXTENSION, SRI GANDHA KAVALU, ANNAPURNESWARI NAGARA, BANGALORE-560 091. - 4 - NC: 2025:KHC:16334 WP No. 11289 of 2025 14. SMT. DURGA, W/O CHANDRASHEKAR, AGED ABOUT 35 YEARS, R/O GANAKALLU, MUTHURAYANAPURA, RAMANAGARA-562 209. 15. SMT. SOWMYA M.V. W/O ANANTHA V.R., AGED ABOUT 37 YEARS, R/O. NO.305/306, SONNENAHALLI, MARUTHINAGARA 1ST STAGE, ULLALU SATELLITE POST, BANGALORE-560 056. 16. V. RAJU, S/O SRI VENKATAIAH, AGED ABOUT 82 YEARS, R/O NO.28, 1ST CROSS ROAD, 1ST MAIN ROAD, CAUVERY RIVER ROAD, SRINAGAR, BANGALORE-560 050. 17. CHAKRAVARTHI RAJI, S/O. I RAJI, AGED ABOUT 42 YEARS, R/O NO.53, SONNENAHALLI, MARUTHINAGARA, ULLALU POST, BANGALORE-560 056. 18. SMT. ANUPAMA.G.S. W/O N. SUNIL RAJ URS, AGED ABOUT 27 YEARS, R/O NO.40, SY. NO. 17, MARUTHINAGARA, 3RD BLOCK, SONNENAHALLI ULLALU POST, BANGALORE-560 056. 19. NO. PRASHANTH KUMAR, S/O M. NANJUNDA, AGED ABOUT 38 YEARS, R/O NO.191, 6TH CROSS ROAD, - 5 - NC: 2025:KHC:16334 WP No. 11289 of 2025 AZAD NAGAR, CHAMARAJAPETE, BANGALORE-560 018. 20. ANUP A., W/O. ANANDAN.M., AGED ABOUT 45 YEARS, R/O. 186, 2ND MAIN ROAD, A.R. COMPOUND, CHAMARAJAPETE, BANGALORE-560 018. 21. SMT. SUMA P. W/O RAJASHEKHAR, AGED ABOUT 46 YEARS, ROAD, R/O NO. 14/2, 3RD MAIN DHOBI NANJAPPA BLOCK, KEMPEGOWDA NAGAR, BANGALORE - 560 019. 22. SRI. PUNITH S/O LATE M.N. MAHESH, AGED ABOUT 37 YEARS, NO. 235, 7TH CROSS, SONNENAHALLI, MARUTHINAGARA CIRCLE, ULLALU SATELLITE POST, BANGALORE-560 056. 23. SMT. UMA W/O R.NAGARAJU, AGED ABOUT 52 YEARS, R/O NO.609, 100 FT ROAD, SONNENAHALLI, MARUTHI NAGAR, ULLALU POST, BANGALORE-560 056. 24. R. NAGARAJU, S/O RAMANNA, AGED ABOUT 59 YEARS, R/O NO.609, 100 FT ROAD, SONNENAHALLI, MARUTHI NAGAR, ULLALU POST, BANGALORE-560 056. (BY SRI. ASWATHANARAYAN S.N., SENIOR COUNSEL FOR SRI. S.A. SUDHINDRA) …PETITIONERS - 6 - NC: 2025:KHC:16334 WP No. 11289 of 2025 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOUSING AND URBAN DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001. 2. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BANGALORE-560 020. 3. THE SPECIAL LAND ACQUISITION, OFFICER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BANGALORE-560 020. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. G.A. GOPI, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACQUISITION PROCEEDINGS INITIATED AS PER THE PRELIMINARY NOTIFICATION NO. BDA/COMMR/DC(LA)/ALAO /158/2008-2009, BANGALORE, DATED-21-5-2008 R-1 VIDE ANNEXURE-C AND THE FINAL NOTIFICATION NO. UDD 51 MNX 2010, BANGALORE, DATED-18-2-2010 VIDE ANNEXURE-D ISSUED BY THE R-2 BANGALORE DEVELOPMENT AUTHORITY IN RESPECT OF LAND IN SY. NO.93 OF KANNALLI VILLAGE, KODIGEHALLI YESHWANATHPUR HOBLI, BANGALORE NORTH TALUK, MEASURING 2 ACRES AS LAPSED AND ETC. PANCHAYATH, THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS - 7 - NC: 2025:KHC:16334 WP No. 11289 of 2025 ORAL ORDER Learned Additional Government Advocate takes notice for respondent No.1. Learned counsel Sri.G.A.Gopi, who is present in the Court takes notice for respondents No.2 and 3. Learned counsel for the petitioner submits that under similar circumstances this Court has disposed of the writ petition in W.P.No.34198/2024 on 18.12.2024, while noticing the order passed by the Division Bench in W.A.No.1783/2014 and connected appeals disposed of on 22.02.2024. Learned counsel prays for similar orders. 2. Accordingly, in terms of the orders passed in
Decision
W.P.No.34198/2024, the writ petition stands disposed of in the following terms: "6. Following the declaration of law made by this court in the said writ appeals, the respondent- Bangalore Development Authority is directed to consider the case of the petitioner in accordance with law. It is to be noted that, as the petitioner has already approached respondent-Bangalore Development Authority by making representation during the year 2010 and as the said representation - 8 - NC: 2025:KHC:16334 WP No. 11289 of 2025 are made earlier, it is open for the petitioner to make one more representation to the respondent- Bangalore Development Authority within two weeks from the date of receipt of certified copy of this order and if such representation is made by the petitioner to the respondent-Bangalore Development Authority, the same shall be considered by the respondent-Bangalore Development Authority within an outer limit of four months, thereafter, in the light of the order dated 22.02.2024 passed in W.A.No.1783/ 2014 and connected writ appeals. Till the consideration of the representation that may be made by the petitioner as stated above, no coercive steps shall be taken against the petitioner. Accordingly, the writ petition is disposed of." Sd/- (R DEVDAS) JUDGE AP List No.: 1 Sl No.: 21