- 1 - NC: 2025:KHC:16411 WP No. 11875 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.11875 OF 2025 (LA-BDA) BETWEEN: MR. C. ESHWARAPPA, S/O. LATE. JALAPPA, AGED ABOUT 61 YEARS, OCC: PRESIDENT, KAIVALYA SCHOOL, MANAGED BY THE KAIVALYA EDUCATION TRUST, AT. NO. 35/3, SOMASHETTIHALLI, CHIKKABANAVARA POST, BANGALORE- 560 090. …PETITIONER (BY SRI.SIDDHARTH B. MUCHANDI, ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001 REPRESENTED BY ITS, CHIEF SECRETARY. 2. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, SHIVARAM KARANTH LAYOUT, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE- 560 020. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP FOR R1; SRI.VENKATESH, ADVOCATE FOR R2) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16411 WP No. 11875 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER THE REPRESENTATION/APPLICATION DATED 25.03.2025 (ANNX-M) FILED BY THE PETITIONER BEFORE THE R-2 TO REGULARIZE ENTIRE EXTENT OF 14157 SQ.FT (13 GUNTAS) OF THE LAND IN SY.NO. 35/3 OF SOMASHETTYHALLI VILLAGE, YESHWANTPURA HOBLI, BANGALORE NORTH TALUK AND CONSEQUENTLY DIRECT THE R-2 NOT TO DISPOSSESS THE PETITIONER FROM THE SAID LAND. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondent No.1. Learned counsel Sri.C. Venkatesh, who is present in the Court takes notice for respondent No.2. Learned counsel for the petitioner is directed to serve a copy of the petition along with annexures on learned Additional Government Advocate and learned counsel for respondent No.2. 2. The grievance of the petitioner is that although the directions of the Hon'ble Supreme Court in Misc.Application No.1614-1616/2019 in C.A.No.7661-7663/2018 to Justice A.V.Chandrashekar Committee was to consider and regularize - 3 - NC: 2025:KHC:16411 WP No. 11875 of 2025 the land and building and more particularly not to acquire or take possession of lands, buildings specified in Annexures-L- 0076 to L-0097 and in Annexure-L-0076 the property of the petitioner has been clearly mentioned, nevertheless the regularization certificate has been issued only in respect of the built-up area and not in respect of the land. Therefore, the petitioner is seeking a writ of mandamus directing the Commissioner-BDA to consider the representation/application dated 25.3.2025 at Annexure-M given by the petitioner for regularization of the entire extent of 14157 Sq.Ft. of land in Sy.No.35/3 of Somashettyhalli Village, Yeshwantpura Hobli, Bangalore North Taluk. 3. In the considered opinion of this Court, such a writ of mandamus cannot be issued, since the Committee appointed by the Apex Court is required to consider the application/representation given by the petitioner and not the Commissioner-BDA. Unless there is a recommendation by the Committee, the Commissioner-BDA will not be in a position to consider the representation given by the petitioner. - 4 - NC: 2025:KHC:16411 WP No. 11875 of 2025 4. At this juncture, learned counsel for the petitioner seeks leave of this Court to withdraw this writ petition and approach the Committee appointed by the Apex Court for consideration of grievance of the petitioner. 5. Accordingly, the writ petition stands disposed of reserving liberty to the petitioner to approach the Committee appointed by the Apex Court for redressal of the grievance of the petitioner. 6. Ordered accordingly. 7. It is needless to observe, the BDA or its officials shall not precipitate the matter till a decision is taken by the Committee on the representation that would be given by the petitioner. Sd/- (R DEVDAS) JUDGE AP List No.: 1 Sl No.: 10