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2025 DAILYLAW 36874 (KAR)

N.SAMPATH KUMAR v. THE STATE OF KARNATAKA

WP/60/2025 · 2025-01-20

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:2111 WP No. 60 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 60 OF 2025 (LA-BDA) BETWEEN: N.SAMPATH KUMAR S/O LATE NARASIMHAIAH AGED ABOUT 66 YEARS T.G.TANK ROAD, JAI BHEEM NAGAR NEAR Al KALAM URDU SCHOOL CHIKKABALLAPURA TOWN CHIKKABALLAPURA TALUK AND DISTRICT-562 101 …PETITIONER (BY SRI. M J ALVA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT M. S.BUILDING DR. B.R.AMBEDKAR ROAD BENGALURU - 560 001. 2. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY SANKEY ROAD, KUMARA PARK WEST BENGALURU - 560 020. 3. THE LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY SANKEY ROAD, KUMARA PARK WEST Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2111 WP No. 60 of 2025 BENGALURU - 560 020. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1; SRI. K. KRISHNA, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER/ENDORSEMENT NO. BDA/LAO/415/2022-23 DATED 11.01.2023 ISSUED BY THE LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, BENGALURU/RESPONDENT NO. 3 WHICH IS PRODUCED AT ANNEXURE -A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court aggrieved by an endorsement dated 11.01.2023 produced at Annexure-A issued by respondent-BDA wherein request of petitioner for allotment of an alternate site has been declined on the premise that the provision pertaining to allotment of alternate site in terms of Judgment passed in Junjamma's case is not applicable to the - 3 - NC: 2025:KHC:2111 WP No. 60 of 2025 scheme pertaining to the layouts formed in respect of Arkavathi extension and Nadaprabhu Kempegowda extension. 2. Learned counsel for petitioner points out to the order dated 27.09.2021 passed by this Court produced at Annexure- H in which matters of this nature have been considered and the parties were directed to appear before Justice Sri.K.N.Keshavanarayana Committee seeking redressal of their grievance. He further submits that the respondent authority without referring to the same have erred in issuing the impugned endorsement. 3. Learned counsel for the petitioner therefore submits that since the Committee is still considering the grievance of the applicants as that of the petitioner, case of the petitioner may also be referred. 4. Learned counsel for respondent-BDA fairly submits it is appropriate to refer the matter to the aforesaid Committee for consideration in accordance with law. 5. Submission is taken on record. - 4 - NC: 2025:KHC:2111 WP No. 60 of 2025 Petition is disposed of reserving liberty for the petitioner to approach before the Hon'ble Justice Sri.K.N.Keshavanarayana Committee seeking redressal of his grievance within a period of 30 days from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 35