Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:34373 WP No. 5457 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5457 OF 2025 (LA-BDA) BETWEEN:
1.
SMT. KUSUMA RANI, WIFE OF VENKAPPA P, AGED ABOUT 54 YEARS,
2.
SRI. VENKAPPA P.
S/O PATTABIRAMAIAH, AGED ABOUT 59 YEARS,
BOTH 1 AND 2 ABOVE ARE RESIDING AT NO. 36, CHIKKABETTAHALLI, VIDYARANYAPURA POST, BENGALURU-560097. …PETITIONERS (BY SRI. NANDA KUMAR B L., ADVOCATE) AND:
1.
STATE OF KARNATAKA, URBAN LAND DEVELOPMENT DEPT, VIDHANA SOUDHA, BENGALURU-560001, REPRESENTED BY ITS UNDER SECRETARY.
2.
THE BENGALURU DEVELOPMENT AUTHORITY, SANKY ROAD,
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:34373 WP No. 5457 of 2025
KUMARA PARK WEST, BENGALURU-560002, REPRESENTED BY ITS COMMISSIONER.
3.
THE SPECIAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, SANKY ROAD, KUMARA PARK WEST, BENGALURU-560002, REPRESENTED BY ITS COMMISSIONER.
…RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP FOR R1;
SRI.B.S.SACHIN, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRAITE WRIT,
ORDER OR DIRECTION AND THEREBY DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONERS AS PER ANNEXURE-M FOR REGULARIZATION OF H.NO.36, IN SY. NO. 14 OF "KEMPEGOWDA ENCLAVE" 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:
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HC-KAR NC: 2025:KHC:34373 WP No. 5457 of 2025
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court seeking the following prayers:
"a. Issue writ of Mandamus Or any other appropriate writ,
order or direction and thereby direct the Respondents to consider the representation made by the petitioners as per ANNEXURE-M for regularization of H.No.36, in Sy. No.14 of "KEMPEGOWDA ENCLAVE" and thereby direct the BDA to regularize respective house by issuing the certificate. b. 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. Heard Sri.Nandakumar B.L., appearing for the petitioners, Sri.Spoorthy Hegde N., learned HCGP appearing for respondent No.1, Sri.B.S.Sachin, learned counsel appearing for respondent Nos.2 and 3 and have perused the material on record.
3. The vendors of the petitioners are said to be the owners of the property having acquired it on 7.11.2024. The petitioners purchased a site in the said property bearing No.25
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HC-KAR NC: 2025:KHC:34373 WP No. 5457 of 2025
in the year 2018 and same has been registered at Gandhinagar (Ganganagar) Sub-registrar office and constructed the dwelling house in the year 2017-18.
4. The petitioners submit a representation for the matter to be placed before Justice A.V.Chandrashekar Committee and the respondent-BDA had not placed the same and therefore, the petitioners are before this Court. Today, there is no Committee in subsistence. In that light, the Division Bench considering the identical pleas, has passed the following
order:
"2. The learned panel counsel appearing for the Bangalore Development Authority having opposed the petition, now fairly agrees that the subject representations would be considered in accordance with law and in a time bound manner, if liberty is granted. This is a happy thing to happen in the judicial process.
In view of the above, this writ petition is disposed off, directing Respondent Nos.2 & 3 – Bangalore Development Authority to consider the subject representations dated 19.12.2020, July, 2022 and 14.12.2023 respectively, in accordance with law, within a period of four weeks. All contentions are left open. Till the consideration takes place and the result of such
consideration is communicated to the petitioners, the status quo shall be maintained by both the parties. It is open to Respondent Nos.2 & 3 to solicit any information or documents from the petitioners as are required for due
consideration of the subject
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HC-KAR NC: 2025:KHC:34373 WP No. 5457 of 2025
representations; however, in that guise, delay shall not be brooked. Ordered accordingly. Costs made easy."
5. In the light of the prayer being innocuous to consider the representation seeking regularization and also the
order passed by the Division Bench, I deem it appropriate to dispose the petition as is directed by the Division Bench supra which would be consideration of the representation within an outer limit of eight weeks from the date of receipt of the copy of the order.
It is made clear that this Court has not dealt with the merit of the claim of the petitioners.
Ordered accordingly and Writ Petition is disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 1 Sl No.: 20