Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7048 WP No. 34358 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34358 OF 2024 (LB-RES) BETWEEN:
1.
SRI.M. SOMASHEKAR S/O G MUNIKRISHNAPPA, AGED ABOUT 54 YEARS, RESIDING AT PRASANAHALLI ROAD, SILICON LAYOUT, DEVANAHALLI TOWN, BANGALORE RURAL DISTRICT 562110 …PETITIONER (BY SRI.B.S. RADHANANDAN., ADVOCATE)
AND:
1.
STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDA DR AMBEDKAR VEEDHI, BANGALORE 560001 REP BY ITS SECRETARY
2.
BANGALORE INTERNATIONAL AIRPORT AREA PLANNING AUTHORITY, DEVANAHALLI, NO 333/1, I FLOOR V J COMPLEX, SHANTINAGAR SULIBELE ROAD, DEVENAHALLI TOWN, BANGALORE RURAL DISTICT 562110 A PLANNING AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY
3.
JOINT DIRECTOR AND MEMBER SECRETARY TOWN AND COUNTRY PLANNING BANGALORE INTERNATIONAL AIRPORT AREA PLANNING AUTHORITY,
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:7048 WP No. 34358 of 2024
NO 333/1, I FLOOR V J COMPLEX, SHANTINAGAR SULIBELE ROAD, DEVENAHALLI TOWN, BANGALORE RURAL DISTRICT 562110
4.
SMT. RATHNAMMA., W/O LATE SRI.SHANKARAPPA., AGED ABOUT 67 YEARS, R/AT THELLOHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT, BANGALORE-562 135. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1;
SRI. YOGESH.D.NAIK., ADVOCATE FOR R-2 & R-3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED: 08.05.2023 VIDE BMICAPA/TP01/LAO/36/2017-18/315 AT ANNEXURE-F IN THE INTEREST OF JUSTICE AND EQUITY, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The prayer in this writ petition is to quash Annexure- F – an endorsement issued by the Planning Authority by which the Planning Authority refused to release the sites on the basis of objections raised by one Rathnamma contending that she had a claim over
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NC: 2025:KHC:7048 WP No. 34358 of 2024
the property on the basis of a final decree proceedings in FDP.No.23/2014 and alleging discrepancies in RTC in relation to Sy.No.384/3.
2. In view of the fact that Rathnamma had raised objections, she was ordered to be impleaded as the 4th respondent and despite service of notice, she has not entered appearance.
3. The Assistant Commissioner has passed an order on 03.02.2025 rectifying the defects in the RTC and a copy of said order is also produced on record.
4. It is stated in the said order that in respect of land bearing Sy.No.384/3, 39 guntas were standing in the name of Somashekar and the entry of Rathnamma’s name in respect of 1 acre 38 guntas has been cancelled as the same was improper.
5. In my view, since the Revenue Authorities have rectified the discrepancy in the RTC in respect of Sy.No.384/3 and held that Rathnamma’s name has been cancelled, there can be no impediment for the
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NC: 2025:KHC:7048 WP No. 34358 of 2024
Planning Authority to consider the request of the petitioner for release of the sites. The said exercise shall be undertaken and completed within a period of one month from the date of receipt of a copy of this
order.
6. The writ petition is accordingly disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
PKS List No.: 1 Sl No.: 83