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2025 DAILYLAW 49164 (KAR)

S LAKSHMI NARAYAN v. THE STATE OF KARNATAKA

WP/31440/2025 · 2025-10-17

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41479 WP No. 31440 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 31440 OF 2025 (LA-BDA) BETWEEN: 1. S LAKSHMI NARAYAN, S/O SATHYANARAYANA SHETTY G, AGED ABOUT 55 YEARS OLD, RESIDING AT NO. 362/332, 1ST CROSS, BBMP OFFICE ROAD, NEAR BBMP OFFICE, YELAHANKA, BANGALORE NORTH - 560 064. 2. Y. S. LAKSHMINARASIMHAGUPTA, S/O SATHYANARAYANA SHETTY G, AGED ABOUT 53 YEARS OLD, RESIDING AT NO. 362/332, 1ST CROSS, BBMP OFFICE ROAD, NEAR BBMP OFFICE, YELAHANKA, BANGALORE NORTH - 560 064. 3. VEENA M, W/O Y N SRINIVAS, AGED ABOUT 49 YEARS OLD, RESIDING AT VILLA NO. 1, M V SUNRIDGE COURTYARD, ADDEVISHWANATHAPURA ROAD, RAJANAKUNTE, BANGALORE - 560 064. 4. MANJUNATH Y. N, S/O NAGARAJ Y A, AGED ABOUT 50 YEARS OLD, RESIDING AT VILLA NO. 1, M V SUNRIDGE COURTYARD, ADDEVISHWANATHAPURA ROAD, RAJANAKUNTE, BANGALORE - 560 064. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41479 WP No. 31440 of 2025 5. VCA BUILDERS AND DEVELOPERS, A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932 HAVING ITS REGISTERED OFFICE AT NO. 2, 3RD FLOOR, MATADAHALLI MAIN ROAD, MLA LAYOUT, RT NAGAR, BANGALORE - 560 032, REPRESENTED BY ITS MANAGING PARTNER, MANINDER SINGH. 6. MANINDER SINGH, S/O LATE RAM KISHAN SINGH, AGED ABOUT 38 YEARS, RESIDING AT NO. 2, MAIN ROAD, MLA LAYOUT, RT NAGAR, BANGALORE-560 032, …PETITIONERS (BY SRI PRABHULING NAVADGI, SENIOR COUNSEL, FOR SMT SANJEEVINI PRABHULING NAVADGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE BANGALORE DEVELOPMENT AUTHORITY, AN AUTHORITY CONSTITUTED UNDER THE PROVISIONS OF BANGALORE DEVELOPMENT AUTHORITY ACT, 1976 O/A BANGALORE DEVELOPMENT AUTHORITY PRECINCTS, 5TH MAIN RD, KUMARAPARK WEST, KUMARA PARK WEST, GUTTAHALLI, BANGALORE - 560020, REPRESENTED BY THE COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER, TO (PRR1), BDA, O/A BANGALORE DEVELOPMENT - 3 - HC-KAR NC: 2025:KHC:41479 WP No. 31440 of 2025 AUTHORITY PRECINCTS, 5TH MAIN ROAD, KUMARAPARK WEST, KUMARA PARK WEST, GUTTAHALLI, BANGALORE - 560020. …RESPONDENTS (BY SRI HARISHA A S, AGA FOR R1, SRK K KRISHNA, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION BEARING NO. BDA/SLAO-2/180/2020-2021 DTD. 18.04.2022 ISSUED BY THE R-2 VIDE ANNX-E IN SO FAR AS IT RELATES TO THE PETITIONERS LANDS IN SL.NO.97 AND ETC. 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 Sri.Harisha A.S., learned Additional Government Advocate accepts notice on behalf of respondent No.1. 2. Sri.K.Krishna, learned counsel is directed to accept notice on behalf of respondent Nos.2 and 3. 3. Heard Sri.Prabhuling K. Navadagi, learned Senior counsel for the petitioners, learned Additional Government Advocate for respondent No.1, Sri.K.Krishna, - 4 - HC-KAR NC: 2025:KHC:41479 WP No. 31440 of 2025 learned counsel for respondent Nos.2 and 3. Perused the material on record. 4. The learned Senior counsel appearing for the petitioners submit that the petitioners does not press the prayer No.(a) of the Writ Petition for the present. 5. Accordingly, prayer No.(a) of the Writ Petition is recorded as not pressed for the present. 6. The petitioners have approached this Court seeking Writ of Mandamus directing respondent Nos.1 and 2 to consider the representation dated 03.10.2025 at Annexures-G and H and to pass suitable orders in the light of the report submitted by the Engineer of Bangalore Development Authority dated 05.04.2025, which has been referred to in the representation. 7. Learned Senior counsel submits that the report dated 05.04.2025 clearly indicates that only 0.75 guntas of land from Sy.No.8/1 is required for Peripheral Ring Road (for short 'PRR') project as against 3.12 guntas - 5 - HC-KAR NC: 2025:KHC:41479 WP No. 31440 of 2025 initially notified for acquisition under Sections 17(1) and 17(3) of the Bangalore Development Authority Act, 1976. 8. The submission of the learned Senior counsel is recorded. 9. Learned counsel appearing for respondents submits that the representation of the petitioners will be considered in accordance with law, if reasonable time is granted. 10. The grievance of the petitioners would stand redressed if appropriate direction is issued to the respondents to consider their representations. 11. Accordingly, this Court pass the following: ORDER (i) The Writ Petition is disposed of. (ii) Respondent Nos.1 and 2 are directed to consider the representations of the petitioners at Annexures- G and H dated 03.10.2025, keeping in view the Engineer's - 6 - HC-KAR NC: 2025:KHC:41479 WP No. 31440 of 2025 report dated 05.04.2025, and to pass appropriate orders strictly in accordance with law within an outer limit of six weeks from the date of receipt of the certified copy of this order. (iii) Prayer (a) is not pressed for the present. Sd/- _____________________ JUSTICE K.S. HEMALEKHA GVP List No.: 1 Sl No.: 34