MR BASAVARAJU B J v. BANGALORE DEVELOPMENT AUTHORITY
WP/30174/2024 · 2025-01-25
M G S Kamal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34471 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34471 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3375 WP No. 30174 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 30174 OF 2024 (BDA) BETWEEN:
1.
MR. BASAVARAJU B.J., S/O MR. JAVAREGOWDA, AGED ABOUT 40 YEARS, R/AT NO.38/37, 2ND FLOOR, 22ND MAIN, PADMANABHANAGARA, BENGALURU-560 070
2.
MRS. LALITHA R., W/O MR. GANESH S., AGED ABOUT 55 YEARS, R/AT NO.121/1, NEW NO.5, UTTARAHALLI MAIN ROAD, BEHIND SHANTHI SADAN APARTMENT, CHIKKALASANDRA, BENGALURU-560 061
3.
MR. N.Y. GOVINDE GOWDA, S/O MR. ELEKKIGOWDA, AGED ABOUT 67 YEARS, R/AT NO.24, 11TH CROSS, NYANAPPAHALLI MAIN ROAD, DEVARACHIKKANAHALLI, BEGURU HOBLI, BENGALURU -560 068
Digitally signed by SUMA B N Location: High Court of Karnataka
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NC: 2025:KHC:3375 WP No. 30174 of 2024
4.
MR. H.P. CHIRENDRA KUMAR, S/O MR. PUTTASWAMIGOWDA, AGED ABOUT 46 YEARS, R/AT NO.91, 2ND MAIN ROAD, IST CROSS, R.H.B.C.S. LAYOUT, SRIGANDADAKAVALU, BENGALURU-560 091 …PETITIONERS (BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
1.
BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020, REPRESENTED BY ITS COMMISSIONER.
2.
THE KARNATAKA GRUHA NIRMANA SAHAKARA SANGHA NIYAMITHA, NO.554, 9TH CROSS, 7TH BLOCK WEST, JAYANAGAR, BENGALURU-560 082 REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI. BASAVARAJA H.T., ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE WP A) THE FIRST RESPONDENT TO REGISTER THE KHATA OF SITE NO.21 IN FAVOUR OF THE FIRST PETITIONER, SITE NO.39 IN
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NC: 2025:KHC:3375 WP No. 30174 of 2024
FAVOUR OF THE SECOND PETITIONER, SITE NO.147 IN FAVOUR OF THE THIRD PETITIONER AND SITE NO.193 IN FAVOUR OF THE FOURTH PETITIONER, SITUATED IN THE LAYOUT SANCTIONED BY THE FIRST RESPONDENT, CARVED OUT OF LAND IN SY. NO.6 OF SUBRAMANYAPURA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE, AFTER SATISFYING ITSELF REGARDING TITLE TO THE SAID SITES, OR AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER Petitioners claiming to have purchased the site Nos. 21, 39, 147 and 193 respectively in the layout that is formed by the 2nd respondent in the land bearing Sy.No.6 of Subramanyapura Village, Uttarhali Hobli, Bangalore south taluk Bangalore, in terms of the deeds of sale dated 16.10.2014, 23.01.2015 and 05.06.2013 respectively, are before this court seeking the following reliefs:
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NC: 2025:KHC:3375 WP No. 30174 of 2024
i. Issue writ in the nature of mandamus to the First respondent to register the khata of site No.21 in favour of the 1st petitioner, site No.39 in favour of the 2nd petitioner, site No.147 in favour of the 3rd petitioner and site No.193in favour of the 4th petitioner, situated in the layout sanctiuoned by the 1st respondent, carved out of landing Sy.No.6 of Subramanyapura Village, Uttarahalli Hobli, Bangalore South Taluk, Bangalore, after satisfying itself regarding title to the said sites, or ii. In the alternative pass such other order/s as this Hon'ble Court deem fit to pass on the facts and in the circumstances of the case, in the interest of justice and equity.
2.
Learned counsel for the petitioners submits that, on an earlier occasion, the petitioners had approached the Respondent authority, which by the endorsement produced at Annexure K Series, had directed the petitioners to submit the application online along with the required documents and the same has been complied with in terms of Annexure L Series.
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NC: 2025:KHC:3375 WP No. 30174 of 2024
3. He submits despite the compliance made by the petitioners, respondent authorities have not considered the application constraining them to approach this Court.
4.
Learned counsel for the Respondent BDA, on the other hand, submits that the layout though, was approved by the Respondent - BDA, the sites which are claimed to have been purchased by the petitioners apparently have not been released as required under Section 17 of the Karnataka Town and Country Planning Act 1961. However, he fairly submits, given some time, the applications stated to have been submitted by the petitioners online along with the documents would be considered in accordance with law and if found eligible, necessary orders in that regard would be passed.
5. Submission is taken on record.
6. Accordingly, petition stands disposed of. The respondent No.1 shall consider the applications submitted by the petitioners as per Annexure L series seeking
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NC: 2025:KHC:3375 WP No. 30174 of 2024
registration of Khata in respect of the sites purchased by them. If there is compliance, as required under law, within an outer limit of three months from the date of receipt of certified copy of this order.
SD/- (M.G.S. KAMAL) JUDGE
TIN List No.: 1 Sl No.: 18 CT:SNN