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2025 DAILYLAW 14563 (KAR)

SMT MANJULA v. STATE OF KARNATAKA

WP/2464/2025 · 2025-02-11

M G S Kamal

Public Interest Litigationbody2025

Judgment text

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- 1 - NC: 2025:KHC:6017 WP No. 2464 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2464 OF 2025 (LA-BDA) BETWEEN: 1. SMT. MANJULA, D/O GIRIYAPPA, AGED ABOUT 35 YEARS, 2. SMT.SUVARNA, D/O. GIRIYAPPA, AGED ABOUT 29 YEARS, 3. SRI. RENUKA KUMARA, S/O. GIRIYAPPA, AGED ABOUT 32 YEARS, ALL ARE R/AT. NO.285, HARIJANA COLONY, KODIGEHALLI VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 091. …PETITIONERS (BY SRI. VASANTH KUMAR H.T., ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF URBAN AND DEVELOPMENT, VIKASA SOUDHA, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:6017 WP No. 2464 of 2025 2. THE BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. REPRESENTED BY ITS COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. 4. THE EXECUTIVE ENGINEER, NO.1, SUB-DIVISION WEST, 2ND FLOOR, METRO PILLAR NO.594, BENGALURU - MYSURU ROAD, BENGALURU DEVELOPMENT AUTHORITY, BENGALURU - 560 020. …RESPONDENTS (BY SMT.SPOORTHY HEGDE N., HCGP FOR R1; SRI.N.R.GIRISH, ADVOCATE FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION OF THE PETITIONERs DATED 26.09.2010 VIDE ANNEXURE - L AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 3 - NC: 2025:KHC:6017 WP No. 2464 of 2025 ORAL ORDER Petitioners No.1 and 2 claiming to be the owners to an extent of 1¼ guntas of land each while petitioner No.3 to be the owner of 10½ guntas of land in Survey No.53 situated at Kodigehalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk in terms of Deed of Release dated 02.03.2019 executed by their father Sri Giriyappa, are before this Court, seeking following reliefs: "a) Issue a writ of mandamus directing the Respondents to consider the representation of the Petitioner dated 26.09.2010 vide Annexure - L. b) Issue a writ of mandamus directing the Respondents to drop the 1 ¼ guntas of land of the 1st Petitioner and to an extent of 1 ¼ guntas of the 2nd Petitioner and to an extent of 10 ½ guntas of the 3rd Petitioner situated at Kodigehalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk from the acquisition. - 4 - NC: 2025:KHC:6017 WP No. 2464 of 2025 c) Issue a writ of mandamus directing the Respondents to collect the betterment charges to the Petitioner's land which were already left out from the acquisition as per their own sketch vide Annexure - P in Sy.No.53/2P situated at Kodigehalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk." 3. The aforesaid land in Survey No.53 of which the land belonging to the petitioners' formed part of schedule property was acquired by the respondents-BDA for the purpose of formation of Naadaprabhu Kempegowda Layout. 4. Learned counsel for the petitioners submit that the subject matter of this writ petition is covered by the judgment and order dated 22.02.2024 passed by the Division Bench of this Court in W.A.No.1783/2014 along with connected appeals in which certain directions have been issued by the Division Bench of this Court including consideration of the request of the persons as that of the petitioners for deletion of their land. He submits that - 5 - NC: 2025:KHC:6017 WP No. 2464 of 2025 similar benefit be extended to the petitioners in this case as well. 5. Learned counsel for the respondents-BDA does not dispute therefore, legal aspect of the matter. 6. In view of the above, the following:- ORDER (i) The writ petition is disposed of. (ii) Petitioners are at liberty to file fresh representation in their name to the respondents- authorities in terms of the directions issued by the Division Bench of this Court in its order dated 22.02.2024 passed in W.A.No.1783/2014 along with connected appeals, within a period of 30 days from the date of receipt of a copy of this order. (iii) The Respondents-BDA shall consider the application of the petitioners individually and on - 6 - NC: 2025:KHC:6017 WP No. 2464 of 2025 petitioners complying/satisfying requirement as provided under law and as observed by Division Bench in the aforesaid order and pass appropriate orders within the period as contemplated thereunder. (iv) Respondents-authority shall not take any precipitative action till the consideration of the representation to be made by the petitioner as directed above. Sd/- (M.G.S. KAMAL) JUDGE PSJ List No.: 1 Sl No.: 13