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2025 DAILYLAW 45635 (KAR)

MR N KUMAR v. THE STATE OF KARNATAKA

WP/2853/2022 · 2025-02-24

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:8714 WP No. 2853 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2853 OF 2022 (BDA) BETWEEN: MR N KUMAR AGED ABOUT 45 YEARS S/O N NAGARAJA NO 12, 2ND FLOOR MANJUNATHAANAGAR MAGADI ROAD, BEHIND GT MALL BENGALURU - 560 023. …PETITIONER (BY SRI. VICTOR MANOHARAN S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT (UDD) VIKASA SOUDHA BENGALURU - 560 001. 2. BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU - 560 020 …RESPONDENTS (BY SMT. SPOORTHY HEGDE N., HCGP FOR R1; SRI. B. VACHAN., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO GRANT AN ALTERNATIVE SITE OF SAME VALUE TOWARDS ACQUISITION OF HIS SITE NO.1585, OF ARKAVATHI LAYOUT, BLOCK-II, FALLING IN SY.NO.26/4 SAMPIGEHALLY, YELAHANKA HOBLI, BENGLAURU NORTH TALUK, FORTHWITH AND ETC. Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8714 WP No. 2853 of 2022 THIS PETITION, COMING ON FOR FURTHER 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 seeking issue of writ of mandamus to the respondent No.2 to alternate site of same value towards acquisition of his site No.1585 of Arakavathi Layout, Block No.II, forming part of Sy.No.26/4, Sampigehalli, Yelahanka Hobli, Bengaluru North Taluk in the alternate to direct the respondent No.2 to consider the representations dated 25.11.2014 and 12.10.2020 as per Annexures-G and H. 2. Case of the petitioner is that respondent No.2 had allotted a site No. 1585 of Arakavathi Layout, Block No.II, as per allotment letter dated 24.06.2006. Respondent No.2 had executed a deed of sale dated 19.07.2007. Possession certificate was issued on 25.07.2007, Khata was issued on 30.07.2007. Things stood thus, when the petitioner went to pay the property tax for the year 2014-15 on 23.11.2014, the Officer of respondent No.2 informed that in the land in which the said site was formed has been denotified. Petitioner made several representations for providing alternate site, the last one - 3 - NC: 2025:KHC:8714 WP No. 2853 of 2022 being 12.10.2020 as per Annexure-H. However, no action has been taken. Hence, the petition seeking the above relief. 3. Counsel for the respondent -BDA submit given some time, case of the petitioner would be considered in accordance with law. 4. Hence, following; ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the representations dated 25.11.2014 and 12.10.2020 as per Annexures-G and H of the petition and after giving an opportunity of personal hearing to the petitioner and thereafter if the petitioner is found eligible appropriate orders shall be passed in accordance with law. 3. Such orders shall be passed within an outer limit of four (4) months from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 2 Sl No.: 52