- 1 - NC: 2025:KHC:8621 WP No. 5613 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 5613 OF 2025 (BDA) BETWEEN: 1. SRI H M BORAIAH AGED ABOUT 68 YEARS S/O LATE MANCHAIAH RESIDING AT NO.35, "GODHOOLI" 5TH B CROSS SYNDICATE BANK LAYOUT TUNGANAGARA, BANGALORE-560 091. 2. SRI. B. RATHNAKARA SHETTY AGED ABOUT 63 YEARS S/O LATE K. HERIYANNA SHETTY RESIDING AT NO.6, 4TH CROSS, 5TH BLOCK, BANASHANKARI, 3RD STAGE BANGALORE-560 085. 3. SMT. H.M. GEETHA AGED ABOUT 67 YEARS W/O LATE B.G. NAGARAJ RESIDING AT NO. 13//15, 4TH CROSS, BSK III STAGE, 5TH BLOCK, 5TH PHASE BANGALORE-560 085. 4. SMT K S NAGARATHNAMMA AGED ABOUT 44 YEARS D/O SRI.K.S. SURENDRAPPA RESIDING AT NO. 13/15, HEERA NURSERY 80 FEET ROAD, KATHARAGUPPE, BUVANASHWARI NAGAR BANGALORE-560 085. Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8621 WP No. 5613 of 2025 5. SMT. VANAJA AGED ABOUT 62 YEARS W/O SRI. NARAYANA G.H. RESIDING AT NO.5, 4TH CROSS, 5TH BLOCK, 3RD PHASE, 3RD STAGE, BANGALORE-560 085. 6. SRI. SUNDARARAJU AGED ABOUT 70 YEARS S/O LATE SHESHAMA RAJU RESIDING AT NO.858, 2ND MAIN C BLOCK, AECS LAYOUT KUNDALAHALLI BANGALORE-560 037. 7. SMT. KEMPAMMA AGED ABOUT 88 YEARS W/O. LATE THIMMEGOWDA RESIDING AT NO.211, 21ST MAIN SREENAGARA BANGALORE-560 050. 8. SMT. H. MAHADEVAMMA AGED ABOUT 72 YEARS W/O. CHANNAVEERAIAH C RESIDING AT NO.263, 9TH MAIN ROAD IDEAL HOMES TOWNSHIP, RAJARAJESWARI NAGAR BANGALORE-560 098. 9. SMT. C. VIJAYALAKISHMI AGED ABOUT 58 YEARS W/O.SRI. N. JAGADISH RESIDING AT NO.27/2, NARAYANA NILAYA 10TH CROSS, DR JAWARE GOWDA ROAD HANUMANTHANAGAR BANGALORE-560 019. 10. SRI. K. SATISH AGED ABOUT 50 YEARS S/O.SRI. K.R. KRISHNE GOWDA SARASWTHAMMA. RESIDING AT NO. 17/1, VIVEKANANDANAGAR, 6TH CROSS, OFF 43A BUS STOP, KATHRIGUPPE BANGALORE-560 085. - 3 - NC: 2025:KHC:8621 WP No. 5613 of 2025 11. SMT. MUNIYAMMA AGED ABOUT 65 YEARS W/O. LATE R. RAMASWAMY RESIDING AT NO. 31, 5TH BLOCK 9TH CROSS, KAMAKYA MAIN ROAD BEHIND DEENA BANK COLONY BSK 3RD STAGE, BANGALORE-560 007. 12. SRI. SREENIVAS S AGED ABOUT 59 YEARS. S/O SRI. G. SUBRAMANI. RESIDING AT NO.B/003, OASIS NINE APARTMENT 1ST MAIN, 7TH CROSS, ISRO LAYOUT, BANGALORE-560 078. 13. SMT. R. LAKSHMI AGED ABOUT 35 YEARS W/O SRI. RAMAKRISHNA REDDY RESIDING AT NO.32, 5TH BLOCK 9TH MAIN ROAD, BEHIND DEENA BANK COLONY BSK 3RD STAGE BANGALORE-560 085. 14. SRI. ANBALAGAN AGED ABOUT 60 YEARS S/O SRI. S. MUTHUVELU RESIDING AT NO. 1188, 88, 3R MAIN ROAD, 5TH BLOCK 3RD PHASE, BSK 3RD STAGE BANGALORE-560 085. 15. SMT. T.N. LEELAVATHI AGED ABOUT 53 YEARS W/O SRI. R.THIMMAPPA RESIDING AT NO.NO.9, 4TH CROSS, BHUVANESHWARNAGAR BANGALORE-560 085. …PETITIONERS - 4 - NC: 2025:KHC:8621 WP No. 5613 of 2025 (BY SRI. SIDDHARTH SUMAN.,ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU-560 020. 2. THE SECRETARY, BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU-560 020. 3. EXECUTIVE ENGINEER (S) BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. 4. REVENUE INSPECTOR (S) BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020 …RESPONDENTS (BY SRI. AJIT ACHAPPA.,ADVOCATE FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS DECLARING THAT THE INITIATION OF PROCEEDINGS UNDER THE PROVISIONS OF THE KARNATAKA PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT 1974 AGAINST THE PETITIONERS IN RESPECT OF THE SCHEDULE PROPERTIES IS ILLEGAL OPPOSED TO LAW AND WITHOUT JURISDICTION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 5 - NC: 2025:KHC:8621 WP No. 5613 of 2025 ORAL ORDER Short grievance of the petitioner is that he is the subsequent purchaser of the certain portions of the land in Sy.No.88, which was acquired by the respondent-BDA during the year 1988. That some of the persons had earlier approached this Court by filing the writ petitions in W.P.Nos.15105-181/2000 and 15299-326/2000 and the Division Bench of this Court by order dated 17.08.2000 had directed the respondent-BDA to pass award in respect of the cases where the possession of land had not been taken. 2. Learned counsel for the petitioner pointing out to paragraph No.9 at page No.19 of the said order submits that the case of the petitioner herein would fall under the said category as mentioned by the Division Bench of this Court. He further submits that the respondent-BDA without complying with the directions issued by the Division Bench of this Court is not justified in issuing the show-cause notice under the Karnataka Public Premises - 6 - NC: 2025:KHC:8621 WP No. 5613 of 2025 (Eviction of Unauthorised Occupants) Act, 1974, coercing the petitioner to submit the reply. 3. Learned counsel for the respondent-BDA on the other hand submits that the what is issued is only a show- cause notice and if the petitioner has already filed objections or intending to file objection, same will considered in accordance with law and appropriate orders will be passed taking into consideration the directions issued by the Division Bench of this Court referred to above. 4. Heard and perused the records. 5. There is no dispute of the fact that the petitioner is claiming to be the subsequent purchaser of certain portions of the land which was acquired in the year 1980. The Division Bench of this Court upon a challenge mounted by some of the land owners in W.P.Nos.15105-181/2000 and 15299-326/2000 vide order dated 17.08.2000 at paragraph No.9, page No.19 held as under: - 7 - NC: 2025:KHC:8621 WP No. 5613 of 2025 '' Re: Lands in regard to which BDA has not taken possession in pursuance of acquisition. Where award is passed and possession is not taken, the question of BDA demolishing structures or disposing the petitioners do not arise. But BDA can however pass awards and then taken possession in accordance with law. '' 6. Perusal of the above order relied upon by the learned counsel for the petitioner in this matter would only indicate, that the respondent-BDA has to satisfy, if the award has been passed and whether the petitioners would fall within the said category. 7. Since the notice now sought to be issued under Section 4 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 is merely a show cause notice, it is open for the petitioner to produce such material and submit such objections/versions, if not already done, with reference to the directions issued by the Division Bench of this Court, which is extracted hereinabove. If such representation is filed the respondent-BDA shall consider the same and pass appropriate order in accordance law. - 8 - NC: 2025:KHC:8621 WP No. 5613 of 2025 8. Such exercise shall be done within an outer limit of twelve weeks from the date of receipt of certified copy of this order. Till consideration of such representation, no coercive actions shall be taken. 9. With the above observation, petition is disposed of. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 41