Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10141-DB WP No. 26128 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26128 OF 2024 (LA-BDA)
BETWEEN:
1.
SRI NAGARAJ K, S/O. H. KRISHNAPPA, AGED ABOUT 59 YEARS,
2.
SMT. LAKSHMI K W/O. NAGARAJU.K, AGED ABOUT 50 YEARS,
PETITIONER NO.1 AND 2 ARE RESIDING AT NO. 2310, 23RD CROSS C BLOCK, SAHAKARANAGAR, BENGALURU - 560 092. …PETITIONERS (BY SRI. MANJUNATH R.P, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001, REPRESENTED BY ITS SECRETARY.
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:10141-DB WP No. 26128 of 2024
2.
THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020.
3.
THE ASSISTANT EXECUTIVE ENGINEER, BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020.
4.
THE ASSISTANT ENGINEER, BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020.
5.
THE SPECIAL LAND ACQUISITION OFFICER-4, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020. …RESPONDENTS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR R2 TO R5;
SRI. ADITYA VIKRAM BHAT, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION TO DECLARE THAT THE ACQUISITION PROCEEDINGS INITIATED BY THE RESPONDENTS No-2 IN RESPECT OF THE SCHEDULE PROPERTIES UNDER NOTIFICATION No.BDA/ COMMR/ DC (LA)/ SLAO/A5/PR/ 283/ 2008-09 DATED 30.12.2018 FOUND AT ANNEXURE-B TO THE WP AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:10141-DB WP No. 26128 of 2024
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER (PER: HON'BLE MR JUSTICE M.NAGAPRASANNA)
The petitioners are before this Court seeking twin prayers; (i) Quashment of the acquisition proceedings notified by the Respondent-Bengaluru Development Authority (for short, BDA) on 30th December, 2018;
The same cannot be considered in the light of the orders passed by the Apex Court.
2. In so far the other prayer is concerned, the prayer is to direct consideration of a representation submitted by the petitioners on 02nd September, 2023.
3. The learned counsel for the petitioners would reiterate the contentions advanced in the representation submitted before the BDA seeking the relief of dropping the property from acquisition proceedings.
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NC: 2025:KHC:10141-DB WP No. 26128 of 2024
4. The
learned counsel, Shri.Shivaprasad Shantanagoudar submits that if reasonable time is granted, the representation of the petitioners dated 02nd September, 2023 would meet its consideration and appropriate orders would be passed, in accordance with law.
5. In that light, we deem it appropriate to dispose the petition directing the Respondent-BDA to consider the representation and communicate the order passed thereon to the petitioners, all within an outer limit of three months from the date of receipt of the copy of this order. Till such time, status-quo qua the property be maintained by the parties.
Sd/- (KRISHNA S DIXIT) JUDGE
Sd/- (M.NAGAPRASANNA) JUDGE
DH List No.: 1 Sl No.: 5 CT: BHK