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2025 DAILYLAW 36028 (KAR)

SRI. ARUN. S v. THE STATE OF KARNATAKA

WP/32689/2024 · 2025-01-24

Krishna S Dixit, M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:3081-DB WP No. 32689 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 32689 OF 2024 (LA-BDA) BETWEEN: SRI. ARUN. S S/O S.M. SHEKAR, AGED ABOUT 35 YEARS, R/O H.NO. 86, KEMPE GOWDA ENCLAVE, SHYAMARAJPURA, YELAHANKA, BENGALURU NORTH DISTRICT, BENGALURU - 560 097. …PETITIONER (BY SRI. K. SHOBHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, URBAN LAND DEVELOPMENT DEPT, VIDHANA SOUDHA, BENGALURU - 560 001, REPRESENTED BY ITS UNDER SECRETARY. 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, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3081-DB WP No. 32689 of 2024 SANKY ROAD, KUMARA PARK WEST, BENGALURU - 560 002, REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SMT. CHANDINI S, HCGP FOR R1; SRI. SHIVAPRASAD SHANTANAGOUDAR, ADV., FOR R2 AND R3) 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 PETITIONERS AS PER ANNEXURE-A, B, FOR REGULARIZATION OF H. No. 86, 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 ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 petitioner is before this Court, seeking the following prayers: "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 petitioners as per Annexure-A, B for regularization of H.No.86, in "KEMPEGOWDA ENCLAVE" Sy.No.14 at Shyamarajapura and thereby - 3 - NC: 2025:KHC:3081-DB WP No. 32689 of 2024 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." 2. Heard the learned counsel Smt. K. Shobha, appearing for the petitioner, the learned HCGP Smt. Chandini S., appearing for respondent No.1 and the learned counsel Sri. Shivaprasad M Shantanagoudar, appearing for respondent Nos.2 and 3. 3. The petitioner on the score that several representations had been submitted to the Committee so constituted, one of which is appended to the petition dated 03.05.2023. It is averred in the petition that that the Committee had not passed any orders thereon. Therefore, the petitioner has again submitted a representation in the month of August, 2024 for regularization of the dwelling house. The representations having not met its consideration, is what has driven the petitioner to this Court in the subject petition. - 4 - NC: 2025:KHC:3081-DB WP No. 32689 of 2024 4. Learned counsel appearing for the Bangalore Development Authority Sri. Shivaprasad M Shantanagoudar submits that if reasonable time is granted, the representations/application of the petitioner will be considered, in accordance with law and necessary orders would be passed. 5. In the light of the said submission and the prayer being innocuous, we deem it appropriate to dispose the petition with a direction to the Bangalore Development Authority to consider the representations submitted on 03.05.2023 and in the month of August, 2024, for the purpose of regularization of the dwelling house and pass necessary orders in accordance with law, within an outer limit of four weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. 6. Any further document that is necessary for the purpose of such consideration, can be solicited from the hands of the petitioner. 7. Till consideration of the representation/s takes place at the hands of the Bangalore Development Authority, status-quo, qua the property be maintained by the parties. - 5 - NC: 2025:KHC:3081-DB WP No. 32689 of 2024 With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 5 CT: BHK