Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17376 WP No. 13317 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 13317 OF 2017 (LB-RES)
BETWEEN:
1.
SMT. AMBA W/O LATE SHANTHAKUMAR THAMMAYYA AGED ABOUT 77 YEARS R/O MG 2/3, B-BLOCK PATHWAY 2, NANDINI LAYOUT BENGALURU - 560 096.
2.
SRI. SURESH S/O S. KRISHNAMURTHY AGED ABOUT 50 YEARS NO. 14, KRISHNAPPA LAYOUT R.M.V. 2ND STAGE BENGALURU - 560 092.
3.
SRI. Y.S. NAGARAJA GOWDA S/O Y.A. SHANKARAPPA AGED ABOUT 54 YEARS NO. 1333/A, 2ND MAIN ROAD GANDHINAGAR, YELAHANKHA BENGALURU - 560 064. …PETITIONERS
(BY SRI. RAJENDRA DESAI, ADVOCATE)
AND:
1.
THE CHIEF ENGINEER BBMP, BYATARAYANPURA YELAHANKA ZONE, BELLARY ROAD BENGALURU - 560 092.
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:17376 WP No. 13317 of 2017
2.
THE COMMISSIONER BBMP, HUDSON CRICLE SAMPANGI RAMANAGAR NEAR UTILITY CIRCLE BENGALURU - 560 002.
3.
DIRECTOR OF TOWN PLANNING TOWN PLANNING DEPARTMENT M.S.BUILDING, AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENTS
(BY SRI. V. SHIVA REDDY, AGA FOR R3;
SRI. N.R. JAGADEESWARA, ADVOCATE FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA TO DIRECT RESPONDENTS TO EXTEND AND LAY THE ROAD FURTHER AS DETERMINED UPON AS AGREED UPON IN THE RELINQUISHMENT DEED DATED 10.11.2011 VIDE ANNEXURE-D AND D1 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The prayer in this writ petition was to issue a direction to the respondents to extend and lay the road as agreed upon by the in the relinquishment deed dated 10.11.2011. A prayer was also made to consider the representation dated 15.09.2016 submitted by the petitioners whereby they stated that they were ready to relinquish their lands in
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NC: 2025:KHC:17376 WP No. 13317 of 2017
favour of respondent No.1 to the formation of the road connecting to Kogilu main road vide Annexure – L, L1 and L2.
2. An application has been filed for amendment by which a prayer is sought for to issue a direction to make roads abutting the Raja Kaluve as shown in the conversion sketch of Sy.Nos.28/1, 31/1 and 31/2 in the Western portion of the lands as per the Government’s policy dated 07.02.2024 and also to prevent encroachment of the Raja Kaluve.
3. In my view, it would be appropriate to direct the petitioners to make a fresh representation requesting the respondents to consider their request to form a road as per the policy dated 07.02.2024.
4. If such a representation is made along with all such supporting documents, the Commissioner, BBMP shall consider the same and pass appropriate orders in accordance with law within a period of three
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NC: 2025:KHC:17376 WP No. 13317 of 2017
months from the date of receipt of a copy of this
order.
5. This writ petition is accordingly disposed of.
6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
GSR List No.: 1