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2025 DAILYLAW 24825 (KAR)

SRI TALAPANENI PRATAP v. THE STATE OF KARNATAKA

WP/12239/2025 · 2025-04-25

Krishna S Dixit, M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:17215-DB WP No. 12239 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. 12239 OF 2025 (LA-BDA) BETWEEN: 1. SRI. TALAPANENI PRATAP, S/O TALAPANENI SRINIVASULU, AGED ABOUT 41, 2. SMT. SWAPNA M, SRI. TALAPANENI PRATAP, AGED ABOUT 31 YEARS BOTH ARE R/O H.NO. 100, KEMPE GOWDA ENCLAVE, SHYAMARAJAPURA, YELAHANKA, BENGALURU - 560 009 …PETITIONERS (BY SMT. K SHOBHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN LAND DEVELOPMENT DEPT, VIDHANA SOUDHA, BENGALURU - 560 001, REP. BY ITS UNDER SECRETARY. 2. THE BENGALURU DEVELOPMENT AUTHORITY, SANKY ROAD, KUMARA PARK WEST, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17215-DB WP No. 12239 of 2025 BENGALURU - 560 002, REPRESENTED BY ITS COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, SANKY ROAD, KUMARA PARK WEST, BENGALURU - 560 002, REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR R2 AND R3; SRI. M. RAJAKUMAR, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT PETITION IS FILED PRAYING TO 1. ISSUE WRIT IN NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND THEREBY DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER AS PER ANNEXURE-A, B, DATED 04.10.2023 AND 29.08.2024 FOR REGULARIZATION OF H. No. 100 IN KEMPEGOWDA ENCLAVE OF Sy. No. 14 AT SHYAMARAJAPURA AND THEREBY DIRECT THE BDA TO REGULARIZE RESPECTIVE HOUSE BY ISSUING THE CERTIFICATE 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:17215-DB WP No. 12239 of 2025 ORAL ORDER (PER: HON'BLE MR JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: “1. Issue writ in nature of Mandamus or any other appropriate writ, order or direction and thereby direct the Respondents to consider the representation made by the petitioner as per ANNEXURE-A,B, dated 4-10-2023 and 29- 08-2024 for regularization of H.No.100 in "KEMPEGOWDA ENCLAVE" of Sy. No 14 at Shyamarajapura and thereby direct the BDA to regularize respective house by issuing the certificate. 2. Further, direct the Respondent BDA to regularise the schedule property in favour of Petitioner on collecting the developmental charges. 3. To grant such other and further relief so as to cost of the proceedings as this Hon'ble court deems fit in the circumstances of the case in the interest of justice and equity." 2. Heard Smt. K. Shobha, learned counsel for petitioners, Sri M. Rajakumar, learned Additional Government Advocate for respondent No.1 and Sri Shivaprasad M. Shantanagoudar, learned standing counsel for respondent Nos.2 and 3. 3. Smt. K. Shobha, learned counsel for the petitioners submits that the petitioners have submitted representations on - 4 - NC: 2025:KHC:17215-DB WP No. 12239 of 2025 04.10.2023 and 29.08.2024, 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 representations of the petitioners dated 04.10.2023 and 29.08.2024, forthwith. c. The respondents – Bangalore Development Authority shall also communicate the order that - 5 - NC: 2025:KHC:17215-DB WP No. 12239 of 2025 would be passed on the representations, to the petitioners. d. Till the consideration of the representations of the petitioners happen, the parties are directed to maintain status quo, qua the property of the petitioners. Ordered accordingly. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE GH List No.: 1 Sl No.: 16 CT: BHK