- 1 - NC: 2025:KHC:876-DB WP No. 1458 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1458 OF 2024 (LA-BDA) BETWEEN: MRS. MARIAMMA SAMUEL WIFE OF LATE MR K.M SAMUEL, AGED ABOUT 80 YEARS, RESIDING AT NO. 185, II MAIN, 8TH CROSS, M.S.R NAGAR, MATHIKERE, BENGALURU-560 064. AND HAVING HER PLACE OF BUSINESS, AT SURVEY NO. 23/1 BYLAKERE VILLAGE, SHIVAKOTE POST, HESSARAGHATTA HOBLI, BENGALURU-560 089. (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. RAJESH MAHALE., SENIOR ADVOCATE FOR SRI. VENKATESH MURTHY G R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA VIDHANA SOUDAHA, DR B.R AMBEKDAR VEEDHI, BENGALURU-560 001. REPRESENTED BY ITS CHIEF SECRETARY 2. BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560 020. REPRESENTED BY ITS COMMISSIONER. Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:876-DB WP No. 1458 of 2024 3. THE SPECIAL LAND ACQUISTION OFFICER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560 020. 4. THE CHAIRMAN HON’BLE JUSTICE A V CHANDRASHEKAR COMMITTEE BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560 020. REPRESENTED BY ITS COMMISSIONER RESPONDENT NO.4 DELETED VIDE COURT ORDER DATED 24.04.2024. …RESPONDENTS (BY SRI.SHIVAPRASAD SHANTANAGOUDAR.,ADV.,FOR R2 & 3; SRI. M RAJAKUMAR., AGA FOR R1; V.C.O DATED 25.04.2024, R4 IS DELETED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 18.12.2023 BEARING No.JCC No/246/2023-24 PASSED BY THE RESPONDENT No-4 AT ANNEXURE-A AND B) QUASH THE FINAL NOTIFICATION BEARING No.UDD/3/MNX/2022(E) DATED 06.08.2022 (AT ANNEXURE-C) WITH RESPECT TO THE PETITIONERS LAND BEARING SURVEY No.23/1 MEASURING 1 ACRE 34 GUNTAS SITUATED AT BYLAKERE VILLAGE, SHIVAKOTE POST, HESSARAGHATTA HOBLI, BENGALURU NORTH TALUK AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:876-DB WP No. 1458 of 2024 CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Petitioner is knocking at the doors of Writ Court with the following prayers: “a) Quash the order dated 18.12.2023 bearing no.JCC No/246/2023-24 passed by the Respondent No.4 at Annexure-A, b) Quash the Final Notification No.UDD 265 MNX 2022(E) dated 18.10.2022 (at Annexure- C) with respect to the Petitioner’s land bearing Survey No.23/1 measuring 1 Acre 34 Guntas situated at Bylakere Village, Shivakote Post, Hessaraghatta Hobli, Bengaluru North Taluk; c) Consequent to the above prayer, quash the vide Preliminary Notification No.BDA/DC(LA)/67/2022-23, dated 19.08.2022 with respect to the Petitioner’s land bearing Survey No.23/1 measuring 1 Acre 34 Guntas, situated at Bylakere Village, Shivakote Post, Hessaraghatta Hobli, Bengaluru North Taluk; d) Call for records and pass such other order(s) as this Hon’ble Court deems just and proper in the facts and circumstances of the case, in the interest of justice and equity.” 2. Learned Sr. Advocate Mr.Rajesh Mahale appearing for the Petitioner vehemently argues that - 4 - NC: 2025:KHC:876-DB WP No. 1458 of 2024 regardless of the contentions taken up in the Petition, if the grievance of petitioner as has been aired in the subject representation is duly considered, a bit sympathetically, keeping in view all the parameters of law & justice, his client would be satisfied. This is a fair & innocuous prayer. Learned Sr. Counsel is right in telling us because should the Petition be taken on merits, lest the consideration of representation should prove futile or prejudicial and therefore, that exercise we are refraining from undertaking. He also submits that to the extent of subject 07 Guntas of land earmarked for the road, his client will have no grievance whatsoever so far as acquisition is concerned. 3. Learned Sr. Panel Counsel Mr. Shivaprasad Shantanagoudar appearing for the Respondent – BDA having resisted the Petition for some time, is now with equal fairness submits that the subject representation shall be duly considered in accordance with law, if necessary after giving an opportunity of hearing to the Petitioner who claims to running an industry and the said - 5 - NC: 2025:KHC:876-DB WP No. 1458 of 2024 area is required for running the same. He insists that all contentions be kept open so that due consideration of representation would happen at the hands of jurisdictional authority. We agree. In the above circumstances and with the above observations, Petition is disposed off, costs having been made easy. All contentions are kept open. Time for compliance is three months. The result of consideration shall be made known to the Petitioner at the earliest. Till consideration of subject representation is accomplished, no prejudicial action shall be taken against the Petition property. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE Bsv/List No.: 1 Sl No.: 23