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2025 DAILYLAW 23310 (KAR)

SRI M V PUTTARAJU v. THE BENGALURU DEVELOPMENT AUTHORITY

WP/10562/2025 · 2025-04-21

R Devdas

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:16415 WP No. 10562 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 10562 OF 2025 (BDA) BETWEEN: SRI. M. V. PUTTARAJU, S/O. MUNIRAJU, AGED ABOUT 41 YEARS, R/AT NO. 254, VARALAKSHMI MUNIRAJU HOUSE, NEXT TO MARAMMA TEMPLE, BANNERGHATTA ROAD, KEMBATHAHALLI, GOTTIGERE POST, BENGALURU-560 083. …PETITIONER (BY SRI. H.T. VASANTH KUMAR, ADVOCATE) AND: 1. THE BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020, REPRESENTED BY ITS COMMISSIONER. 2. THE EXECUTIVE ENGINEER NO.1, (PLANNING) SOUTH SUB-DIVISION, BDA COMMERCIAL COMPLEX, BANASHANKARI 2ND STAGE, BENGALURU-560 070. 3. THE ENGINEER MEMBER BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16415 WP No. 10562 of 2025 KUMARA PARK WEST, BENGALURU-560 020. 4. THE FINANCE MEMBER BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. …RESPONDENTS (BY SRI. G. LAKSHMEESH RAO, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNX-K VIDE NO. BEM.A.PRA/ASA/E-HARAJU/T-11/2024-25 DATED 29.03.2025 ISSUED BY THE RESPONDENTS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The grievance of the petitioner is that despite an order of temporary injunction being granted by the learned XLI Additional City Civil and Sessions Judge in O.S.No.8525/2024 against the respondent-BDA and its Assistant Executive Engineer on 30.11.2024 restraining the defendants from demolishing the existing structure put up on the suit schedule property, the BDA has issued a Notification at Annexure-K seeking to e-auction the land in question. - 3 - NC: 2025:KHC:16415 WP No. 10562 of 2025 2. However, learned counsel Sri.Lakshmeesh Rao appearing on behalf of the respondent-BDA submits on instructions that the suit schedule property measures only about 8 guntas and the notification for auction issued in respect of Sy.No.38/1 of J.P.Nagar 8th Stage, 2nd Block, Kothanur, measures about 3530.50 sq.mtrs. which is more than the suit schedule property. The learned counsel would therefore submit on instructions that the notification will be issued afresh excluding the suit schedule property, so that the property beyond the suit schedule can be put up for auction and insofar as the suit schedule property is concerned, the same will be proceeded with in accordance with law depending on the outcome of the suit filed by the petitioner. 3. Accordingly, the writ petition stands disposed of permitting the respondent-BDA to re-issue the notification for e-auction as stated by the learned counsel, excluding the suit schedule property in O.S.No.8525/2024. Ordered accordingly. Sd/- (R DEVDAS) JUDGE AP List No.: 1 Sl No.: 20