Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 20913 (KAR)

SRI. SRINIVAS v. THE COMMISSIONER

WP/8006/2023 · 2025-04-25

Krishna S Dixit, M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17216-DB WP No. 8006 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8006 OF 2023 (BDA) BETWEEN: SRI. SRINIVAS, S/O VEERAPPA, AGED 58 YEARS, NO. 9, P.N.S LAYOUT, RAMACHANDRAPURA, JALAHALLI POST, BANGALORE - 560 013. …PETITIONER (BY SRI. JAGADEESHACHARI, ADVOCATE) AND: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU - 560 020. …RESPONDENT (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS TO Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17216-DB WP No. 8006 of 2023 THE RESPONDENT TO CONSIDER THE NOTICE/ REPRESENTATION DATED 31.03.2023 AS PER ANNX-K BY WAY OF WRIT OF MANDAMUS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: HON'BLE MR JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “i) Issue directions to the respondent to consider the notice/Representation dated 31.3.2023 as per Annexure- 'K' by way of Writ of mandamus; ii) Issue directions to the respondent not to digging the water channel on the petitioner's property bearing Sy.No.28, measuring 5 guntas, situated at Veerasandra Village, Yelahanka Hobli, Bangalore North Taluk, Bangalore District; iii) To pass any such other order or orders, as this Hon'ble Court deems fit under the facts and circumstances of the case, including the award of costs, in the interests of justice and equity." - 3 - NC: 2025:KHC:17216-DB WP No. 8006 of 2023 2. Heard Sri.Jagadeeshachari, learned counsel for the petitioner and Sri Shivaprasad M. Shantanagoudar, learned standing counsel for the respondent. 3. The petitioner is said to be the owner of the property in Sy.No.28 measuring 5 guntas. Contending that the property of the petitioner is entitled for regularization, has submitted a representation to the respondent - BDA on 31.03.2023. Non consideration of the said representation has driven the petitioner to this Court in the subject petition. 4. Learned counsel Sri.Shivaprasad M. Shantanagoudar, submits that if reasonable time is granted, the BDA would consider the representation and communicate the decision taken on the representation, to the petitioner. 5. In the light of the said submission, we deem it appropriate to dispose the petition directing the BDA to consider the representation of the petitioner dated 31.03.2023, in accordance with law and pass the - 4 - NC: 2025:KHC:17216-DB WP No. 8006 of 2023 necessary orders. The BDA shall communicate the orders so passed, to the petitioner. Till such time, the parties are directed to maintain the status quo, qua the subject property. All contentions of both the parties shall remain open. SD/- (KRISHNA S DIXIT) JUDGE SD/- (M.NAGAPRASANNA) JUDGE GH List No.: 1 Sl No.: 17 CT: BHK