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2025 DAILYLAW 22170 (KAR)

RAMESH N v. THE STATE OF KARNATAKA

WP/9592/2025 · 2025-04-25

Krishna S Dixit, M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:17209-DB WP No. 9592 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. 9592 OF 2025 (LA-BDA) BETWEEN: RAMESH N, AGED ABOUT 62 YEARS, S/O. K. NANJAIAH, RESIDING AT SY. NO. 38, HOUSE NO. 23, DODDABETTAHALLI, YALAHANKA, BENGALURU - 570 001 …PETITIONER (BY SRI. N. MANOHAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, BY ITS SECRETARY, VIKASA SOUDHA, BENGALURU - 01. 2. THE BENGALURU DEVELOPMENT AUTHORITY BY ITS COMMISSIONER, NO. 20, T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 20. 3. THE SPECIAL LAND ACQUISITION OFFICER -4 DR. SHIVARAM KARANTH LAYOUT, NO. 20, T. CHOWDAIAH ROAD, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17209-DB WP No. 9592 of 2025 KUMARA PARK WEST, BENGALURU - 20. …RESPONDENTS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR SRI. M. RAJAKUMAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A). ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER TO REGULARIZE THE HOUSE PROPERTY NO. 23, DODDABETTAHALLI VILLAGE, CONSTRUCTED IN SY. NO. 38 FORMED IN DR. K SHIVARAMA KARANTHA LAYOUT, BENGALURU 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 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 directing the Respondents to consider the representation of the Petitioner to regularize the house property No. 23, Doddabettahalli village, constructed in Sy. No. 38 formed in Dr. K Shivarama Karantha Layout, Bengaluru B). Grant such other relief or reliefs as the case may be, that this Honourable Tribunal deem fit in the facts and circumstances of the case in the interest of justice and equity.” 2. Heard Sri.Manohar, learned counsel for petitioner, Sri M. Rajakumar, learned Additional Government Advocate for - 3 - NC: 2025:KHC:17209-DB WP No. 9592 of 2025 respondent No.1 and Sri Shivaprasad M. Shantanagoudar, learned standing counsel for respondent Nos.2 and 3. 3. Sri.Manohar, learned counsel for the petitioner submits that the petitioner has submitted representation 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 representation of the petitioner, forthwith. - 4 - NC: 2025:KHC:17209-DB WP No. 9592 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 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 GH List No.: 1 Sl No.: 12 CT: BHK