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2025 DAILYLAW 28544 (KAR)

SMT. CHANDRAMMA v. STATE OF KARNATAKA

WP/17014/2025 · 2025-06-24

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22015 WP No. 17014 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.17014 OF 2025 (LA-BDA) BETWEEN: 1. SMT. CHANDRAMMA W/O SHIVANANDA B., AGED ABOUT 35 YEARS, SITE NO. 09, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 2. SRI. HARISHA. M S/O. MUNISWAMY, AGED ABOUT 34 YEARS SITE NO. 14, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 3. SMT. SHEELA. B W/O. RAJANNA SARVESHA MURTHY, AGED ABOUT 46 YEARS, SITE NO. 15 AND 16, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22015 WP No. 17014 of 2025 4. SRI. KISHOR GOWDA S. C. S/O CHINNAPPA S. M., AGED ABOUT 37 YEARS, SITE NO. 21, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 5. SMT. ANUSHA L. W/O RAVI KUMARA C., AGED ABOUT 29 YEARS, SITE NO. 24, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 6. SRI. PUNITHA, K S/O. LATE KRISHNA, AGED ABOUT 31 YEARS, SITE NO. 36 AND 37, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 7. SMT. KRUTHIKA. K W/O. PUNITHA. K AGED ABOUT 22 YEARS SITE NO. 36 AND 37, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 8. SRI. D. P. SHAMBULINGA S/O LATE. PUTTALINGAIAH, AGED ABOUT 35 YEARS, - 3 - HC-KAR NC: 2025:KHC:22015 WP No. 17014 of 2025 SITE NO. 38, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 9. SRI. NAGARAJ C. S/O CHIKKAGANGAIAH, AGED ABOUT 40 YEARS, SITE NO. 41, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 10. SMT. SHEELA R. W/O SARVESHA MURTHY, AGED ABOUT 46 YEARS, SITE NO. 48, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 11. SMT. SHOBHA W/O T. C. SHIVALINGAIAH, AGED ABOUT 39 YEARS, SITE NO. 49, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 12. SMT. DHANALAXMI N. W/O SRINIVAS K., AGED ABOUT 34 YEARS, SITE NO. 107, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. - 4 - HC-KAR NC: 2025:KHC:22015 WP No. 17014 of 2025 13. SRI. NAGENDRA S. S/O LATE N. SIDDARAJU, AGED ABOUT 39 YEARS, SITE NO. 103, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 14. SRI. S. RAJESH S/O. LATE N. SIDDARAJU, AGED ABOUT 35 YEARS, SITE NO. 104, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. 15. SMT. SHIVARATHNAMMA W/O. GANGACHANNAIAH, AGED ABOUT 41 YEARS SITE NO. 81, KANNALI, VEERABADRASWAMY LAYOUT, KODIGEHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. …PETITIONERS (BY SRI. VARUN JOSHI, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, M. S. BUILDING, BENGALURU - 560 001. REPRESENTED BY ITS SECRETARY. - 5 - HC-KAR NC: 2025:KHC:22015 WP No. 17014 of 2025 2. M/S. BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. REPRESENTED BY ITS COMMISSIONER. 3. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDALAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. …RESPONDENTS (BY SMT. RASHMI RAO, HCGP FOR R1; SRI. K. KRISHNA, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: (A) DECLARE THAT THE ENTIRE ACQUISITION PROCEEDINGS IN RESPECT OF THE SCHEDULE 'B' PROPERTIES IS ABANDONED/ LAPSED IN VIEW SECTION 27 OF THE BDA ACT, 1976 WITH RESPECT TO THE PRELIMINARY NOTIFICATION DATED 21.05.2008 BEARING NO.BDA/COMMR/DC(LA)/ALAO/ 158/2008-09 ISSUED BY THE RESPONDENT NO. 2, THE FINAL NOTIFICATION DATED 18.02.2010 BEARING NO. UDD 51 MNX 2010, GAZETTE DATED 18.02.2010 VIDE ANNEXURE-E AND F. (B) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION THEREBY - 6 - HC-KAR NC: 2025:KHC:22015 WP No. 17014 of 2025 CONSIDERING THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE RESPONDENT NO.2 DATED 06.03.2025, 14.03.2025, 03.04.2025 AND 23.04.2025 VIDE ANNEXURE-A. (C) ISSUE A WRIT IN THE NATURE OF PROHIBITION PROHIBITING THE RESPONDENT OR THEIR AGENTS, SERVANTS, HENCHMAN OR ANY ONE CLAIMING UNDER THEM OR ACTING UNDER THEM, FROM INTERFERING WITH THE OWNERSHIP AND POSSESSION OF THE PETITIONERS OVER SCHEDULE PROPERTY. (D) ISSUE ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AS DEEMED FIT TO BE GRANTED IN THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING DIRECTION FOR COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Smt. Rashmi Rao, learned High Court Government Pleader is directed to take notice for the respondent No.1. 2. Sri. K. Krishna, learned counsel, accepts notice for respondent Nos.2 and 3. - 7 - HC-KAR NC: 2025:KHC:22015 WP No. 17014 of 2025 3. It is submitted by the learned counsel appearing for the petitioners, that the petitioners are not pressing prayer (a) in the writ petition and accordingly, petitioners are not assailing the impugned Preliminary Notification dated 21.05.2008 and the Final Notification dated 18.02.2010 (Annexures - E and F respectively). The submission is accepted. 4. In that view of the matter, the only prayer remains is to direct respondent No.2 to consider the representations produced at Annexure-A. In that view of the matter, without expressing any opinion on the merits of the case respondent Nos.2 and 3 are hereby directed to consider the representations of the petitioners, dated 06.03.2025, 14.03.2025, 03.04.2025 and 23.04.2025 vide Annexure-A, in accordance with law and pass appropriate order at the earliest. 5. Accordingly, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 45