- 1 - NC: 2025:KHC:866-DB WP No. 32712 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 32712 OF 2024 (LA-BDA) BETWEEN: SRI. VISHWANATH RAO. Y. L. S/O LAKSHMAN Y.V RAO, AGED ABOUT 31 YEARS, R/O H.NO. 99, "ADWAITHA", KEMPE GOWDA LAYOUT, SHYAMARAJAPURA, BENGALURU-560 097. …PETITIONER (BY SRI. K SHOBHA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN LAND DEVELOPMENT DEPT, VIDHANA SOUDHA, BENGALURU-560 001. REP 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, SANKY ROAD, KUMARA PARK WEST, BENGALURU-560 002. REPRESENTED BY ITS COMMISSIONER …RESPONDENTS (BY SRI.SHIVAPRASAD SHANTANAGOUDAR., ADV FOR R2 & 3; SRI.M. RAJAKUMAR., AGA FOR R1) Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:866-DB WP No. 32712 of 2024 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 ANNEXURE-A, B, C, D FOR REGULATIZATION OF H. No. 99, IN "KEMPEGOWDA ENCLAVE" OF Sy.No.14 AT SHYAMARAJAPURA AND THEREBY DIRECT THE BDA TO REGULARIZE RESPECTIVE HOUSE BY ISSUING THE CERTIFICATE AND 2. FURTHER DIRECT THE RESPONDENT BDA TO REGULARISE THE SCHEDULE PROPERTY IN FAVOUR OF PETITIONER ON COLLECTING THE DEVELOPMENTAL CHARGES AND ETC., THIS WRIT 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 reliefs: "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, C, D for regularization of H.No.99, 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 regularise the schedule property in favour of petitioner on collecting the developmental charges. - 3 - NC: 2025:KHC:866-DB WP No. 32712 of 2024 3. To grant such other and further relief so as to cost of the proceedings as this Honb'le court deems fit in the circumstances of the case in the interest of justice and equity." 2. Heard Smt.K.Shobha, learned counsel for petitioner, Sri.M. Rajakumar, learned Additional Government Advocate for respondent No.1 and Sri. Shivaprasad M Shantanagoudar, learned standing counsel for respondent Nos.2 & 3. 3. It is the case of petitioner that the buildings in the property are to be regularized and a Regularization Certificate, is to be issued. The petitioner approached Justice A.V.Chandrashekar Committee, whose tenure is now over. The petitioner seeks leave of this Court to cause consideration of representation by the respondent-BDA to be given/if not already given, venting out his grievance with regard to claim for the issuance of Regularization Certificate after regularizing the buildings, in accordance with law. - 4 - NC: 2025:KHC:866-DB WP No. 32712 of 2024 4. The learned counsel would take this court through the documents and photographs appended to the petition seeking to demonstrate that the buildings had come up prior to 3.8.2018, the cut-off date fixed by the Apex Court for consideration of the grievance of the petitioner qua the construction of buildings in the properties that have become subject matter of acquisition. 5. Learned counsel Sri.Shivaprasad M Shantanagoudar submits that the factual assessment will have to be done with regard to the claim of petitioner qua the documents that he has placed before the court or those that would become necessary to be placed before the BDA. 6. In that light, we deem it appropriate to direct the petitioner to submit a detailed representation to the respondent-BDA if not already given, within four weeks from today and the respondent-BDA shall consider the same within three months thereafter and pass necessary orders with regard to the claim/grievance of the petitioner - 5 - NC: 2025:KHC:866-DB WP No. 32712 of 2024 as would be submitted in the representation. Any information that is necessary from the petitioner shall be solicited by the BDA and the decision taken shall be communicated to the petitioner. Till such consideration takes place by the respondent-BDA, no precipitatory action shall be taken in that regard. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Costs made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE cbc List No.: 1 Sl No.: 8