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2025 DAILYLAW 46184 (KAR)

SRI GIRIYAPPA v. STATE OF KARNATAKA

WP/22848/2024 · 2025-02-24

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:8692 WP No. 22848 of 2024 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. 22848 OF 2024 (LA-BDA) BETWEEN: 1. SRI. GIRIYAPPA S/O SRI DASAPPA AGED ABOUT 67 YEARS R/AT NO 431, 4TH MAIN ROAD 4TH CROSS ROAD KENGERI UPANAGARA BANAGALORE - 560 060. 2. SRI NARAYANAPPA S/O SRI DASAPPA AGED ABOUT 62 YEARS R/AT NO 431, 4TH MAIN ROAD, 4TH CROSS ROAD, KENGERI UPANAGARA BANGALORE - 560 060. …PETITIONERS (BY SRI. H V MANJUNATHA.,ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA AMBEDKAR VEEDHI BANGALORE - 560 001. REPRESENTED BY ITS SECRETARY 2. THE COMMISSIONER Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8692 WP No. 22848 of 2024 BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T CHOWDAIAH ROAD BANGALORE - 560 020. 3. THE LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY KUMAR PARK WEST T CHOWDAIAH ROAD BANGALORE - 560 020. …RESPONDENTS (BY SMT. SPOORTHY HEGDE N., HCGP FOR R1; SRI. MURUGESH V. CHARATI.,ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DIRECTING THE RESPONDENTS TO CONSIDER THEIR REPRESENTATIONS DATED 30.01.2024 AT ANNEXURE- L1 TO L6. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners are before this Court seeking issue of writ of mandamus directing the respondents to consider their representations dated 30.01.2024 as per Annexures-L1 to L6. - 3 - NC: 2025:KHC:8692 WP No. 22848 of 2024 2. Case of the petitioners is that they were the erstwhile owners of agricultural lands bearing No.16 measuring 29 guntas, Sy.No.17/1 measuring 14 guntas, Sy,No.17/2 measuring 10 guntas, Sy.No.215 measuring 1 acre 12 guntas, Sy.No.220 measuring 25 guntas, Sy.No.226/6 measuring 22 guntas all situated at Bheemanakuppe Village, Kengeri Hobli, Bangalore South Taluk. The said lands belonged to the mother of the petitioners namely, Smt. Lakshmamma who passed away on 15.09.2023 leaving behind the petitioners to succeed to her estate. The aforesaid lands were notified by the respondent No.2-BDA for formation of "Nadaprabhu Kempegowda Layout" as per notification dated 21.05.2008. In terms of the Scheme 40% out of 55% of the developed land were to be allotted to the land owners as compensation. Subsequently, the respondent No.2 -BDA had issued notices to all land owners including the petitioners and their mother calling upon them to produce the documents for the purpose of their claim for compensation. Accordingly, they submitted all necessary documents along with affidavit to the respondent Nos.2 and 3. However, respondents have failed to give developed sites to the petitioners. Consequently, the petitioners and their mother - 4 - NC: 2025:KHC:8692 WP No. 22848 of 2024 made representations on 20.01.2020 as per Annexure -J1 to J6. Petitioners followed up the matter with further representations to the respondent No.3 on 30.01.2024 as per Annexures- L1 to L6. They have not received any response till date. Hence, the petition. 3. Counsel for the respondents-BDA submit given some time and on petitioners satisfying all requirements of the respondents-BDA, case of the petitioners would be considered in accordance with law. 4. Submission is taken on record. 5. Hence, the following; ORDER 1. Petition is disposed of. 2. The respondents-BDA shall consider the representations dated 30.01.2024 produced at Annexures -L1 to L6 of the petitioners after giving an opportunity of personal hearing and if the petitioners are found eligible appropriate orders shall be passed in accordance with law. - 5 - NC: 2025:KHC:8692 WP No. 22848 of 2024 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 RU, List No.: 2 Sl No.: 225