- 1 - NC: 2025:KHC:4680 WP No. 4144 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 4144 OF 2022 (BDA) BETWEEN: SRI K SUBRAYA MANJA, S/O LATE K RAMAPPA MANJA, AGED ABOUT 92 YEARS, R/AT NO.301, ADARSH MANOR, SHANKAR MUTT ROAD, SHANKARAPURAM, BANGALORE-560 004. REP. BY HIS GPA HOLDER SRI K SADANANDA MANJA, S/O SRI K SBRAYA MANJA, AGED ABOUT 57 YEARS, R/AT NO.301, ADARSH MANOR, SHANKAR MUTT ROAD, SHANKARAPURAM, BANGALORE-560 004. …PETITIONER (BY SRI MOHAN K N, ADVOCATE) AND: 1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020. 2. THE EXECUTIVE ENGINEER, BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020. Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:4680 WP No. 4144 of 2022 3. 4. 5. 6. 7. THE ASSISTANT EXECUTIVE ENGINEER, BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. REP. BY ITS PRINCIPAL SECRETARY. DEPUTY COMMISSIONER, BENGALURU DISTRICT, BENGALURU-560 001. SPECIAL LAND ACQUISITION OFFICER, BENGALURU DISTRICT, BENGALURU-560 001. TAHSILDAR, BENGALURU TALUK, BENGALURU-560 001. (AMENDED AS PER ORDER DATED 18.07.2023) …RESPONDENTS (BY SRI HANUMATHRAYA LAGALI, AGA FOR R-4 TO R-7; SRI K KRISHNA, ADVOCATE FOR R-1 TO R-3) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE RESPONDENTS TO STOP THE WORK OF CONSTRUCTION OF COMPOUND WALL IN SITE NO.509, VINAYAKA HBCS, LAGGERE UPAVALAYA, BENGLAURU B) DIRECT THE RESPONDENTS TO REMOVE THE COMPOUND WALL CONSTRUCTED IN SITE BELONGING TO THE PETITIONER BEARING SITE NO. 509, VINAYAKA HBCS, LAGGERE UPAVALAYA, BENGALURU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:4680 WP No. 4144 of 2022 CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner claims to be the owner in possession and enjoyment of the site bearing No. 509 measuring East- West: 40 feet and North-South 50 feet, having purchased the same in terms of Deed of Sale dated 04.06.1996 from Vinayaka House Building Co-operative Society Limited. 2. Learned counsel for the petitioner submits that when the petitioner is in possession and enjoyment of the property as referred above, respondent-BDA had attempted to interfere in his possession and enjoyment of the same on the premise that respondent-BDA is putting up a construction of compound wall in the light of the directions issued by the Apex Court in its order dated 26.08.2019 passed in the case of M/s. Vinayaka House Building Co-operative Society Limited vs. the State of Karnataka and others (Civil Appeal No.3600/2011 reported in AIR 2019 SCC 4473). Aggrieved by the same, the petitioner is before this Court. - 4 - NC: 2025:KHC:4680 WP No. 4144 of 2022 3. Learned counsel for the petitioner now brings to the notice of this Court that, in the writ petition involving identical facts and situation, the Co-Ordinate Bench of this Court in W.P.No.15585/2020 (Sri Sathyanarayana S and others Vs. The Commissioner, Bengaluru Development Authority and another) and connected matters had passed the following order: "(a) The impugned notices bearing No. BDA/AEE/No.2/W.SD/ 674/2020-21 dated 21.12.2020 (Annexure-AC) and notice bearing No.BDA/AEE/No.2/W.SD/674/2020-21 dt. 21.12.2020 (Annexure-AD) in W.P.No. 15585/2020 and impugned notices all bearing No.BDA/AEE/No.2/W.SD/674/2020-21 dated 21.12.2020 in W.P.No.15601/2020 (Annexurs-X1 to X6) are treated as show cause notices. (b) Without expecting any notice, the petitioners shall appear before the first respondent- Commissioner, Bangalore Development Authority on 05.02.2021 at 3.00 p.m. (c) The learned counsel for the petitioners undertakes to file additional representation along with necessary documents, a day before the date of appearance. (d) The first respondent-Commissioner, BDA to hear the petitioners on the date fixed above and pass appropriate orders, in accordance with law. - 5 - NC: 2025:KHC:4680 WP No. 4144 of 2022 With the above observations, the writ petitions are disposed of. 4. He further submits that following the said directions, another Co-ordinate Bench of this Court by its order dated 26.06.2021 in W.P.No.6774/2021 (Sri M. Murali Kumar and another vs. The State of Karnataka and others) and connected matters, though had followed the same, however, slightly modified the directions whereby instead of directing the Deputy Commissioner, BDA, the Co-ordinate Bench of this Court had directed the Deputy Commissioner, Bengaluru Urban District, Kandaya Bhavan, K.G. Road, Bengaluru-560 001 who is the 5th respondent in the present petition to hold an enquiry. 5. Learned counsel for the petitioner submits that if direction is issued similar to the one issued in W.P. No.15585/2020 and connected matters and in W.P.No.6774/2021 and connected matters, the purpose of the writ petition will be served. - 6 - NC: 2025:KHC:4680 WP No. 4144 of 2022 6. The learned counsel for respondent- BDA does not dispute the said submission. 7. Accordingly, petition is disposed of. Petitioner is at liberty to appear before the 5th respondent-Deputy Commissioner, Bengaluru Urban District, Kandaya Bhavan, K.G. Road, Bengaluru-560 001, on 24-02-2025 and is also at liberty to file Additional representation along with the documents if any. Upon such appearance/filing of representation, 5th respondent-Deputy Commissioner shall afford sufficient opportunity and thereafter pass appropriate orders in accordance with law. SD/- (M.G.S. KAMAL) JUDGE tsn* List No.: 1 Sl No.: 27