SMT. WINNIE VERONICA VAS v. THE STATE OF KARNATAKA
WP/32724/2024 · 2025-03-07
Krishna S Dixit, M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36021 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36021 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10143-DB WP No. 32724 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. 32724 OF 2024 (LA-BDA) BETWEEN:
1.
SMT. WINNIE VERONICA VAS, W/O SRI. BERTRAND LAWRENCE R. RODRIGUES, AGED ABOUT 41 YEARS, R/O H.NO. 12, KEMPE GOWDA LAYOUT, SHYAMARAJAPURA, BENGALURU - 560 097.
2.
SRI. BERTRAND LAWRENCE R RODIRIGUES, S/O LATE B.V. RODRIGES, AGED ABOUT 48 YEARS, R/O H.NO. 99, KEMPE GOWDA LAYOUT, SHYAMARAJAPURA, BENGALURU - 560 097. …PETITIONERS (BY SMT. K. SHOBHA, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, URBAN LAND DEVELOPMENT DEPT., VIDHANA SOUDHA, BENGALURU - 560 001, REPRESENTED BY ITS UNDER SECRETARY.
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:10143-DB WP No. 32724 of 2024
2.
THE BENGALURU DEVELOPMENT AUTHORITY, SANKY ROAD, KUMARA PARK WEST, BENGALURU - 560 002, REPRESENTED BY ITS COMMISSIONER.
3.
THE SPECIAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, SANKY ROAD, KUMARA PARK WEST, BENGALURU - 560 002. …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 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 ANNEXURES-A, B FOR REGULARIZATION OF H.NO.12, 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 PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:10143-DB WP No. 32724 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 the following prayer:
"1. Issue writ in nature of Mandamus or any other appropriate writ, order or direction and thereby direct the Respondents to cosniderthe representation made by the petitioner as per Annexure-A, B for regularization of H.No.12, 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 regularize 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".
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NC: 2025:KHC:10143-DB WP No. 32724 of 2024
2. The learned counsel for the petitioners taking this Court to the documents appended to the petition with particular reference to the representation so considered, would submit that the BDA has to regularize the property by collecting certain development charges, which the BDA has not acceded to, in the representation so submitted.
3. The
learned counsel, Shri.Shivaprasad Shantanagoudar representing the BDA would submit that if reasonable time is granted, representation would be considered and appropriate orders would be passed, in accordance with law.
4. In that light, we deem it appropriate to dispose the petition directing the Respondent-BDA to consider the representation of the petitioner and pass necessary orders, in accordance with law and communicate the order so passed. Any document necessary for the consideration of the representation can be solicited from the hands of the petitioner. Till consideration of the representation of the
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NC: 2025:KHC:10143-DB WP No. 32724 of 2024
petitioner would happen, the parties to maintain status-quo qua the property. Ordered accordingly.
Sd/- (KRISHNA S DIXIT) JUDGE
Sd/- (M.NAGAPRASANNA) JUDGE
DH List No.: 1 Sl No.: 18 CT: BHK