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2025 DAILYLAW 20733 (KAR)

SRI IRANI HANUMANTHAPPA v. THE STATE OF KARNATAKA

WP/7735/2025 · 2025-04-07

Krishna S Dixit, M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:14800-DB WP No. 7735 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7735 OF 2025 (LA-BDA) BETWEEN: SRI IRANI HANUMANTHAPPA S/O LATE HUCHAPPA IRANI AGED ABOUT 72 YEARS R/O H.NO. 30, KEMPE GOWDA ENCLAVE SHYAMARAJAPURA, BENGALURU – 560 097. ALSO AT R/O NO.1, KAMADHENU KOMARANAHALLI VILLAGE MALE BENNUR POST – 577 530 HARIHARA TALUK, DAVANAGRE DISTRICT …PETITIONER (BY SMT. K.SHOBHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN LAND DEVELOPMENT DEPT. VIDHANA SOUDHA, BENGALURU – 560 001 REPRESENTED BY ITS UNDER SECRETARY. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14800-DB WP No. 7735 of 2025 2. THE BENGALURU DEVELOPMENT AUTHORITY SANKY ROAD, KUMARA PARK WEST BENGALURU – 560 002 REPRESENTED BY ITS COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY SANKY ROAD, KUMARA PARK WEST BENGALURU – 560 002 REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI SHIVAPRASAD M.SHANTANAGOUDAR, ADVOCATE FOR R2 AND R3; SRI M.RAJAKUMAR, AGA FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND THEREBY DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER AS PER ANNEXURES-A, B DATED 04/09/2021, 24/10/2024 FOR REGULARISATION OF H.NO.30 IN KEMPEGOWDA ENCLAVE OF SY.NO.14 AT SHYAMARAJAPURA AND THEREBY DIRECT THE BDA TO REGULARIZE RESPECTIVE HOUSE BY ISSUING THE CERTIFICATE AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:14800-DB WP No. 7735 of 2025 CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: HON'BLE MR JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer: “1. Issue a writ of mandamus or any other appropriate writ, order or direction and thereby direct the Respondents to consider the representation made by the petitioner, as per ANNEXURE – A, B, dated 4-9- 2021, 24-10-2024 for regularization of H.No.30 in “KEMPEGOWDA ENCLAVE” of Sy.No.14 at Shyamarajapura and thereby direct the BDA to regularize respective house by issuing the certificate. 2. Further, direct the Respondent BDA to regularize the schedule property in favour of Petitioner on collecting the developmental charges. 3. To grant such other and further relief so as to cost of the proceedings as this Hon’ble court deems fit in the circumstances of the case in the interest of justice and equity.” 2. Heard Smt. K. Shobha, learned counsel for petitioner, Sri M. Rajakumar, learned Additional Government Advocate for respondent No.1 and Sri Shivaprasad M. Shantanagoudar, learned standing counsel for respondent Nos.2 and 3. - 4 - NC: 2025:KHC:14800-DB WP No. 7735 of 2025 3. Smt. K. Shobha, learned counsel for the petitioner submits that the petitioner has submitted representations on 04.09.2021 and 24.10.2024, after the Committee had regularized or granted regularization of the property, in identical circumstances. Plethora of representations seeking regularization of the dwelling houses of the petitioner and the like, are neither accepted nor rejected by the BDA. 4. Sri Shivaprasad Shantanagoudar, learned counsel for respondent Nos.2 and 3 – BDA submits that if reasonable time is granted, the representations of the petitioner would be considered and necessary orders would be passed in accordance with law. 5. In the light of the aforesaid submission, we deem it appropriate to pass the following: ORDER a. The writ petition is allowed. b. The respondent Nos.2 and 3 – Bangalore Development Authority to consider the representations of the petitioner dated 04.09.2021 and 24.10.2024, forthwith. - 5 - NC: 2025:KHC:14800-DB WP No. 7735 of 2025 c. The respondents – Bangalore Development Authority shall also communicate the order that would be passed on the representations, to the petitioner. d. Till the consideration of the representations of the petitioner happen, the parties are directed to maintain status quo, qua the property of the petitioner. Ordered accordingly. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 5 CT:SS