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2025 DAILYLAW 21290 (KAR)

SRI. KANTHARAJ A v. BANGALORE DEVELOPMENT AUTHORITY

WP/8164/2025 · 2025-04-07

Krishna S Dixit, M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:14798-DB WP No. 8164 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. 8164 OF 2025 (LA-BDA) BETWEEN: 1. SRI KANTHARAJ A., S/O LATE SRI APPAYYANNA AGED ABOUT 63 YEARS 2. SMT. CHANDRAKALA W/O SRI KANTHARAJ AGED ABOUT 53 YEARS BOTH ARE RESIDING IN RAMAGONDANAHALLI YELAHANKA HOBLI BENGALURU – 560 064. …PETITIONERS (BY SMT. ANUSHA NANDISH, ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY PRECINCTS, 5TH MAIN ROAD KUMARAPARK WEST, GUTTAHALLI BENGALURU – 560 020 REPRESENTED BY Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14798-DB WP No. 8164 of 2025 THE COMMISSIONER. 2. SPECIAL LAND ACQUISITION OFFICER (DR. SHIVARAM KARANTH LAYOUT KEMPANAHALLI) BANGALORE DEVELOPMENT AUTHORITY PRECINCTS, 5TH MAIN ROAD KUMARAPARK WEST, GUTTAHALLI BENGALURU – 560 020. …RESPONDENTS (BY SRI SHIVAPRASAD M. SHANTANAGOUDAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 READ WITH 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS ANY ORDER(S)/ DIRECTIONS DIRECTING THE RESPONDENTS No-1 AND 2 TO CONSIDER THE REPRESENTATION DATED NIL FILED ON 30.06.2021 AND ACKNOWLEDGMENT BEARING No.384442 DATED 30.06.2021 WITH RESPECT TO THE RESIDENTIAL HOUSE IN WITH RESPECT TO FIVE RESIDENTIAL HOUSES IN SY No-30/1B, SY No-30/1B IN RAMAGONDANAHALLI VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK, BENGLAURU FOR THE PURPOSE OF REGULARIZATION OF THE PETITIONERS RESIDENTIAL HOUSES INTO THE DR. SHIVARAMKARANTH LAYOUT (ANNEXURE-A AND B) AND ISSUE A CERTIFICATE OF REGULARIZATION WITHIN A PERIOD OF 2 WEEKS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:14798-DB WP No. 8164 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 petitioners are before this Court seeking the following prayer: “a. Issue a writ of mandamus or any Order(s)/Directions directing the Respondent Nos.1 and 2 to consider the Representation dated nil filed on 30.06.2021 and Acknowledgment bearing No.384442 dated 30.06.2021 with respect to the residential house in with respect to five residential houses in Sy.No.30/1B, Sy.No.30/1B in Ramagondanahalli Village, Yelahanka Hobli, Bengaluru North Taluk, Bengaluru for the purpose of regularization of the petitioners’ residential hosues into the Dr.Shivaramkaranth Layout (ANNEXURE – A & B) and issue a Certificate of Regularization within a period of 2 weeks. 2. Issue any other Writ, order(s) / Direction 9s) as may deem fit by this Hon’ble Court in the interest of justice and equity.” 2. Heard Smt. Anusha Nandish, learned counsel for petitioners and Sri Shivaprasad M. Shantanagoudar, learned standing counsel for the respondents. 3. Smt. Anusha Nandish, learned counsel for the petitioners submits that the petitioners had constructed the - 4 - NC: 2025:KHC:14798-DB WP No. 8164 of 2025 residential houses in the year 2007, long before the issuance of the preliminary notification dated 30.12.2008 and later, the petitioners have constructed the subsequent properties prior to the issuance of the final notification. The petitioners submitted representation for regularization of their houses so constructed. The representation not having met its consideration, have preferred this petition before this Court. 4. Sri Shivaprasad Shantanagoudar, learned counsel for the respondents – BDA submits that if reasonable time is granted, the representation of the petitioners 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 respondents – Bangalore Development Authority to consider the representation submitted by the petitioners on 30.06.2021, which has - 5 - NC: 2025:KHC:14798-DB WP No. 8164 of 2025 acknowledgement bearing No.384442 dated 30.06.2021, forthwith. 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 representation happens, the parties are directed to maintain status quo, qua the properties of the petitioners. Ordered accordingly. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 9 CT:SS