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2025 DAILYLAW 19564 (KAR)

SRI. B. S.N. HARI v. BANGALORE DEVELOPMENT AUTHORITY

WP/8079/2025 · 2025-05-02

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:17933 WP No. 8079 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 8079 OF 2025 (BDA) BETWEEN: 1. SRI. B.S.N. HARI, AGED ABOUT 70 YEARS, S/O MR B N SATYANNA, R/AT NO.473, 9TH CROSS, IST BLOCK, JAYANAGAR,BANGALORE-560 011. 2. MANTRI GARDENS APARTMENT OWNERS ASSOCIATION, A SOCIETY REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT 1960, HAVING OFFICE AT MANTRI GARDENS, 1ST BLOCK, JAYANAGAR, BANGALORE-560 011. REPRESENTED BY ITS PRESIDENT, MR. GIRISH H. K. …PETITIONERS (BY SMT. ARCHANA K. M., ADVOCATE) AND: BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560020 REPRESENTED BY ITS COMMISSIONER AND LAND ACQUSITION OFFICER …RESPONDENT (BY SRI. K. KRISHNA, ADVOCATE) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17933 WP No. 8079 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION MADE VIDE ANNEXURE - H DATED 02.12.2024 MADE TO THE COMMISSIONER AND LAND ACQUISITION OFFICER (BDA) AND FOR A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO REMOVE THE BARBED WIRE THAT HAS BEEN INSTALLED BY THEM BLOCKING ACCESS TO THE EXTENSION TO 9TH CROSS ROAD, 1 BLOCK, JAYANAGAR, BANGALORE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the respondent - BDA has filed an affidavit of Sri.S.Mahesh, Assistant Executive Engineer, South Division, Bengaluru Development Authority. A copy of the same is served on the learned counsel for petitioner. 2. It is clear from the affidavit filed by the Assistant Executive Engineer, that on 25.04.2025 the barbed wire fencing put up on the road has been removed and thereby there is no difficulty for the petitioners to use the road in question. 3. The writ petition stands disposed of while granting liberty to the respondent - BDA to take action only in accordance with law. If the opinion of the BDA is that the road - 3 - NC: 2025:KHC:17933 WP No. 8079 of 2025 has been illegally formed for any other reason, the same requires to be closed down, the same shall be done only after issuing notice to the petitioner and the other persons who would be affected by such an action. The writ petition is accordingly disposed of. Sd/- (R DEVDAS) JUDGE AP List No.: 1 Sl No.: 24