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NC: 2025:KHC:9917-DB WP No. 33456 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. 33456 OF 2024 (LA-BDA) BETWEEN:
SRI. SRIKIRAN. R, S/O RAJENDRA PRASAD G.K., AGED ABOUT 40 YEARS, R/O H.NO.59, "ADWAITHA", KEMPE GOWDA LAYOUT, SHYAMARAJAPURA, BENGALURU - 560 097. …PETITIONER (BY SMT. K. SHOBHA., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, URBAN LAND DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.
REPRESENTED BY ITS UNDER SECRETARY.
2.
THE BENGALURU DEVELOPMENT AUTHORITY, SANKEY ROAD, KUMARA PARK WEST, BENGALURU - 560 002.
REPRESENTED BY ITS COMMISSIONER.
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:9917-DB WP No. 33456 of 2024
3.
THE SPECIAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, SANKEY ROAD, KUMARA PARK WEST, BENGALURU - 560 002.
REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI.ADITYA VIKRAM BHAT, AGA FOR R1;
SRI.SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR R2 AND R3)
THIS WP 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 AND B FOR REGULARIZATION OF H.NO.59 IN KEMPEGOWDA ENCLAVE REGULARIZATION 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:
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 petitioner as per Annexure-A & B for
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NC: 2025:KHC:9917-DB WP No. 33456 of 2024
regularization of H.No.59, 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".
2. The learned counsel for the petitioner 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
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NC: 2025:KHC:9917-DB WP No. 33456 of 2024
representation of the petitioner and pass necessary orders, in accordance with law and communicate the order so passed.
5. Any document necessary for the consideration of the representation can be solicited from the hands of the petitioner.
6. Till consideration of the representation of the petitioner would happen, the parties to maintain status-quo qua the property.
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.: 32