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High Court of Karnataka · body

2025 DAILYLAW 29264 (KAR)

SRI.GOWRISHANKAR R v. STATE OF KARNATAKA

WP/18427/2025 · 2025-07-10

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25146 WP No. 18427 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18427 OF 2025 (LA-BDA) BETWEEN: 1. SRI GOWRISHANKAR R. S/O RUDRAPRAKASH AGED ABOUT 30 YEARS SITE NO.25, FORMED IN SY. NO. 188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 2. SMT. SUDHA W/O SIDDALINGAIAH AGED ABOUT 55 YEARS R/O SITE NO.16 FORMED IN SY.NO. 188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 3. SRI G.POONARAM CHOUDHRY S/O LATE GISARAMJI CHOUDHRY AGED ABOUT 70 YEARS SITE NO.1, 2 AND 3 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25146 WP No. 18427 of 2025 4. SRI C.CHALUVAMURTHY S/O LATE CHELUVAIAH AGED ABOUT 57 YEARS SITE NO.51 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 5. SMT. BHAGYALAKSHMI W/O KENCHAIAH AGED ABOUT 63 YEARS SITE NO.22 FORMED IN SY.NO. 180 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 6. SRI K.G.CHANDRAPPA S/O LATE GANGAPPA AGED ABOUT 60 YEARS SITE NO.44 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 7. SRI R.VASANTH S/O LATE G.T.RANGAPPA AGED ABOUT 69 YEARS SITE NO.32 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK - 3 - HC-KAR NC: 2025:KHC:25146 WP No. 18427 of 2025 BENGALURU - 560 091. 8. SMT. UMADEVI P., W/O KRISHNAMURTHY L., AGED ABOUT 73 YEARS SITE NO.36 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 9. SRI B.C.CHIKKANNA S/O LATE CHIKKANNA AGED ABOUT 64 YEARS SITE NO.5 AND 6, FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 10. SMT. SAROJA H., W/O MRUTHUNJAYA AGED ABOUT 64 YEARS SITE NO.49 FORMED IN SY. NO. 188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 11. SMT. K.SUNDARAMMA W/O K.GOPINATH AGED ABOUT 71 YEARS SITE NO.24 FORMED IN SY.NO. 188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI - 4 - HC-KAR NC: 2025:KHC:25146 WP No. 18427 of 2025 BENGALURU NORTH TALUK BENGALURU - 560 091. 12. SRI G.RANGASWAMY S/O LATE GANGAIAH AGED ABOUT 56 YEARS SITE NO.14 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 13. SRI C.A.ASHOKA S/O LATE CHINNAPPA AGED ABOUT 60 YEARS SITE NO.29 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 14. SRI C.MALLIKARJUNA S/O CHANNAPPA AGED ABOUT 65 YEARS SITE NO.52 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 15. SRI NARAYANA A. K., S/O LATE KENCHAPPA AGED ABOUT 55 YEARS SITE NO.45 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE - 5 - HC-KAR NC: 2025:KHC:25146 WP No. 18427 of 2025 YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 16. SRI S.T.VENKATARAMAIAH S/O THIMMAIAH AGED ABOUT 60 YEARS SITE NO.46 FORMED IN SY.NO. 188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 17. SRI D.A.SWAMY S/O LATE D.AREYAPPA AGED ABOUT 78 YEARS SITE NO.34 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 18. SMT. VARALAKSHMI W/O THANDAVAMURTHY AGED ABOUT 53 YEARS SITE NO.38 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 19. SMT. SUDHAMANI W/O S.MAHADEVAIAH AGED ABOUT 62 YEARS SITE NO.50 FORMED IN - 6 - HC-KAR NC: 2025:KHC:25146 WP No. 18427 of 2025 SY.NO. 188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 20. SRI V.NATARAJU S/O LATE VEERABHADRAIAH AGED ABOUT 53 YEARS SITE NO.15 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 21. SRI ANJANAMURTHY M. H., S/O C.HANUMANTHARAYAPPA AGED ABOUT 65 YEARS SITE NO.43 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 22. SRI S.CHANDRASHEKHAR S/O R.SHIVANNA AGED ABOUT 51 YEARS SITE NO.7 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 23. SRI R.BASAVARAJU S/O REVANASIDDAIAH AGED ABOUT 68 YEARS - 7 - HC-KAR NC: 2025:KHC:25146 WP No. 18427 of 2025 SITE NO.17 FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 24. SRI NARAYANAPPA S/O SRI VENKATARAMANAIAH AGED ABOUT 67 YEARS WESTERN HALF PORTION OF SITE NO.18, FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 25. SRI HANUMANTHRAYAPPA S/O SRI JAGANNA AGED ABOUT 65 YEARS SITE NO.4, FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 26. SMT. NANDINI AND SRI SARAVANNA N., SITE NO.37, FORMED IN SY.NO.188 OF HEROHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. …PETITIONERS (BY SRI L.M.CHIDANANDAYYA, ADVOCATE) - 8 - HC-KAR NC: 2025:KHC:25146 WP No. 18427 of 2025 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKASA SOUDHA BENGALURU - 560 001. 2. BENGALURU DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER KUMARA PARK WEST, BENGALURU - 560 020. 3. SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST, BENGALURU - 560 020. …RESPONDENTS (BY SRI SESHU V., HCGP FOR R1; SRI K.KRISHNA, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER, DIRECTION OR WRIT IN THE NATURE OF MANDAMUS DIRECTING THE NATURE RESPONDENTS TO DELETE ITEM NO. 1 TO 27 OF THE SCHEDULE PROPERTIES FROM THE ACQUISITION PROCEEDINGS OR IN THE ALTERNATE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 9 - HC-KAR NC: 2025:KHC:25146 WP No. 18427 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court seeking the following prayers: "a) ISSUE an order, direction or writ in the nature of MANDAMUS directing the Respondents to delete Item No. 1 to 27 of the Schedule Properties from the acquisition Proceedings or in the alternate; b) ISSUE any order writ, order or directions writ in the nature of Mandamus directing the Respondents to consider representation dated 25/03/2025 and 01/04/2025 Annexure-J, to J25 respectively. c) ISSUE an order, direction writ in the nature of Mandamus directing the Respondents not to demolish the constructions made in Item No. 1 to 26 of the Schedule Properties and d) ISSUE such other relief as this Hon'ble Court deems fit in the facts and circumstances of the case.” 2. Heard Sri.L.M.Chidanandayya, learned counsel appearing for the petitioners, Sri.Seshu V., learned HCGP for respondent No.1 and Sri.K.Krishna, learned counsel appearing for respondent Nos.2 and 3. 3. The petitioners are said to be residents of certain properties which is now coming within the notification issued seeking acquisition of the land for formation of further - 10 - HC-KAR NC: 2025:KHC:25146 WP No. 18427 of 2025 extension of Sir M. Vishweshwaraiah layout. Learned counsel for the petitioners submits that as on today, the petitioners are residing in the property and no compensation is paid for having constructed the houses in the property that has now become subject matter of the aforesaid acquisition. 4. Learned counsel Sri.K.Krishna, appearing for the respondent Nos.2 and 3 submits that the petitioners have no right whatsoever as they are all subsequent purchasers of the property subsequent to the notification of the year 2003 for acquiring lands for formation of the aforesaid layout, but however, would submit that if no opinion is expressed by this Court, the representations would be considered in strict consonance with law and appropriate orders would be passed. 5. In the light of the said submission, the petition stands disposed with a direction to the respondents to consider the representation submitted by petitioners i.e., Annexure 'J' series as appended to the petition within an outer limit of eight weeks from the date of receipt of copy of the order. - 11 - HC-KAR NC: 2025:KHC:25146 WP No. 18427 of 2025 6. It is made clear that no opinion is expressed by this Court, on even a semblance of right of the petitioners. The direction is only to consider the representation simplicitor, in accordance with law. Ordered accordingly and writ petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 24