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2025 DAILYLAW 39186 (KAR)

SRI D PRAKASH v. THE STATE OF KARNATAKA

WP/34768/2025 · 2025-12-01

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49841 WP No. 34768 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.34768 OF 2025 (LA-BDA) BETWEEN: 1. SRI D. PRAKASH S/O N. DASAPPA R/AT NO.91, CHAREES COMPHELD ROAD, BANGALORE-560005 REP. BY HIS GPA HOLDER SRI ABDUL SALEEM, AGED ABOUT 68 YEARS, R/AT NO.08, KEERTHI RESIDENCY RAMDEV GARDEN, KACHARKANAHALLI, BANGALORE-560084. 2. NASSER UDDIN S/O ABDUL SALEEM, AGED ABOUT 33 YEARS, R/AT NO.08, KEERTHI RESIDENCY RAMDEV GARDEN, KACHARKANAHALLI, BANGALORE-560084. …PETITIONERS (BY SRI SHRAVAN S. LOKRE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, REPRESENTED BY ITS SECRETARY, VIKAS SOUDHA, BANGALORE-560001. 2. THE BANGALORE DEVELOPMENT AUTHORITY, HAVING ITS HEAD OFFICE AT, 5TH MAIN ROAD, KUMARAPARK WEST, GUTTAHALLI, BENGALURU-560020. REPRESENTED BY ITS COMMISSIONER. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49841 WP No. 34768 of 2025 3. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, 5TH MAIN ROAD, KUMARAPARK WEST, GUTTAHALLI, BENGALURU-560020. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI N.R. GIRISHA, ADVOCATE FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND AND 3RD RESPONDENTS TO CONSIDER THE REPRESENTATION FOR INTIMATION FOR RESTRUCTURING OF THE SCHEDULE IMMOVABLE PROPERTY AND NOT TO DISTURB THE CONSTRUCTION ACTIVITIES AS PER THE REPRESENTATION DATED 30-10-2025 AS PER ANNEXURE-‘A’. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri N.R. Girisha, learned counsel is directed to accept notice for respondent Nos.2 and 3. 3. Learned counsel for the petitioner submits that the petitioner had submitted a representation dated 26.09.2024 seeking regularization of his land. As the said - 3 - HC-KAR NC: 2025:KHC:49841 WP No. 34768 of 2025 representation was not considered, the petitioner approached this Court in W.P.No.28339/2024, and this Court disposed of the writ petition with a direction to the respondents to consider the said representation. 4. It is further submitted that, subsequent to the said order, the petitioner submitted another representation dated 30.10.2025, stating that he intends to demolish and reconstruct the existing structure immediately due to continuous rainfall. It is his grievance that this subsequent representation also requires urgent consideration by the respondents. 5. Learned counsel for the respondents submits that the earlier representation seeking regularization is still under consideration and has not yet been decided. The present representation pertains to permission for demolition and reconstruction of the structure, and if such representation has been submitted, the competent authority will consider the same in accordance with law. It is submitted that the earlier direction to consider the - 4 - HC-KAR NC: 2025:KHC:49841 WP No. 34768 of 2025 representation is still pending compliance, and now, owing to changed circumstances, the petitioner has filed the subsequent representation dated 30.10.2025 seeking permission to demolish and reconstruct the existing structures. 6. Considering the nature of the representations submitted by the petitioner, the respondents are directed to consider both representations in accordance with law and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. 7. Accordingly, the writ petition stands disposed of. This Court has not expressed any opinion on the merits of the petitioner’s claim, either regarding regularization or any other related aspect. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 22