Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:17204-DB WP No. 8171 of 2025
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. 8171 OF 2025 (LA-BDA) BETWEEN:
SMT. VIJAYAMMA, W/O LATE SRI. A. KRISHNAPPA, AGED ABOUT 49 YEARS, RESIDING IN NO. 51, RAMAGONDANAHALLI, YELAHANKA HOBLI, BENGALURU - 560 064. …PETITIONER (BY SRI. ANUSHA NANDISH, ADVOCATE) AND:
1.
BANGALORE DEVELOPMENT AUTHORITY BANGALORE DEVELOPMENT AUTHORITY PRECINCTS, 5TH MAIN RD, KUMARAPARK WEST, GUTTAHALLI, BENGALURU - 560 020, REPRESENTED BY THE COMMISSIONER
2.
SPECIAL LAND ACQUISITION OFFICER (DR. SHIVARAM KARANTH LAYOUT KEMPANAHALLI) BANGALORE DEVELOPMENT AUTHORITY PRECINCTS, 5TH MAIN RD, KUMARAPARK WEST,
Digitally signed by NAGAVENI Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:17204-DB WP No. 8171 of 2025
GUTTAHALLI, BENGALURU - 560 020. …RESPONDENTS
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a)ISSUE A WRIT OF MANDAMUS ANY ORDER(S)/DIRECTIONS DIRECTING THE RESPONDENT NOS.1 AND 2 TO CONSIDER THE REPRESENTATION DATED NIL FILED ON 01/07/2021 AND ACKNOWLEDGEMENT BEARING NO.384440 DATED 30/06/2021 WITH RESPECT TO THE RESIDENTIAL HOUSE IN WITH RESPECT TO THREE RESIDENTIAL HOUSES IN SY.NO.30/1B, MEASURING 0.17.08 GUNTAS, IN RAMAGONDANAHALLI VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK, BENGALURU FOR THE PURPOSE OF REGULARIZATION OF THE PETITIONERS RESIDENTIAL HOUSES INTO THE DR.
SHIVARAMKARANTH LAYOUT (ANNEXURES-A AND B) AND ISSUE A CERTIFICATE OF REGULARIZATION WITHIN A PERIOD OF TWO WEEKS AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE M.NAGAPRASANNA
- 3 -
NC: 2025:KHC:17204-DB WP No. 8171 of 2025
ORAL ORDER
(PER: HON'BLE MR JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer:
“a. Issue a Writ of Mandamus, any Order(s)/Directions directing the Respondent Nos. 1 and 2 to consider the Representation dated nil filed on 01.07.2021 and Acknowledgment bearing No. 384440 dated 30.06.2021 with respect to the residential house in with respect to THREE residential houses in Sy. No. 30/1B, measuring 0.17.08 guntas, in Ramagondanahalli Village, Yelahanka Hobli, Bengaluru North Taluk, Bengaluru for the purpose of regularization of the Petitioner's residential houses into the Dr. Shivaramkarath Layout (ANNEXURE - A & B) and issue a Certificate of Regularization within a period of 2 weeks;
b) Issue any other Writ, Order(s)/Direction(s) as may deem fit by this Hon'ble Court in the interest of justice and equity.”
2. Heard Smt. Anusha Nandish, learned counsel for petitioner and Sri Shivaprasad M. Shantanagoudar, learned standing counsel for the respondents.
3. Smt. Anusha Nandish, learned counsel for the petitioner submits that the petitioner had constructed the residential houses in the year 2007, long before the issuance of the preliminary notification dated 30.12.2008 and later, the
- 4 -
NC: 2025:KHC:17204-DB WP No. 8171 of 2025
petitioners have constructed the subsequent properties prior to the issuance of the final notification. The petitioner 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 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 respondents – Bangalore Development Authority to consider the representation submitted by the petitioner on 01.07.2021, which has acknowledgement bearing No.384440 dated 30.06.2021, forthwith.
- 5 -
NC: 2025:KHC:17204-DB WP No. 8171 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 representation happens, the parties are directed to maintain status quo, qua the properties of the petitioner. Ordered accordingly.
Sd/- (KRISHNA S DIXIT) JUDGE
Sd/- (M.NAGAPRASANNA) JUDGE
GH List No.: 1 Sl No.: 6 CT: BHK