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2025 DAILYLAW 51724 (KAR)

SMT VIJI KISSINGER v. STATE OF KARNATAKA

WP/34362/2025 · 2025-11-24

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48350 WP No. 34362 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34362 OF 2025 (LA-BDA) BETWEEN: SMT VIJI KISSINGER, AGED ABOUT 45 YEARS, W/0 LATE KISSINGER, RESIDING NO.8, SHALOM HOUSE HOSTEL STREET, APSA HOSTEL ROAD, HAL ANNASANDRAPALY, BENGALURU 560017 &PETITIONER (BY SRI. CHANDRASHEKAR P V.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, DR. B.R. AMBEDAKAR ROAD, BENGALURU 560 001. REP BY ITS PRINCIPAL SECRETARY 2. THE BENGALURU DEVELOPMENT AUTHORITY, SANKEY ROAD, KUMARA PARK WEST EXTENSION, BENGALURU 560 020. REP BY ITS COMMISSIONER 3. THE SPECIAL LAND ACQUISITION OFFICER NO 5, DR. SHIVARAMAKARANTH LAYOUT, THE BENGALURU DEVELOPMENT AUTHORITY, Digitally signed by C K LATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48350 WP No. 34362 of 2025 SANKEY ROAD, KUMARA PARK WEST EXTENSION, BENGALURU 560 020. &RESPONDENTS (BY SRI. HARISHA A.S.,AGA R1; SRI. VASANTHA.,ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO(1) ISSUE A WRIT OF CERTIORARI TO QUASH THE ENDORSEMENT BEARING NO BDA /SLAO/329/2025-26 DATED 17.10.2025 ISSUED BY THE 3RD RESPONDENT AT ANNEXURE C 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.Vasantha, learned counsel is directed to accept notice on behalf of respondent Nos.2 and 3. 3. Heard the learned counsel for the petitioner, learned Additional Government Advocate for respondent No.1 and Sri. Vasantha, learned counsel for respondent Nos.2 and 3. Perused the material on record. - 3 - HC-KAR NC: 2025:KHC:48350 WP No. 34362 of 2025 4. The learned counsel for the petitioner submits that the issue involved in this Writ Petition is squarely covered and answered by the Co-ordinate Bench of this Court in the following Writ Petitions: (i) Sri.Manjunatha K.G. vs. State of Karnataka and Others1( Sri.Manjunatha K.G). (ii) SRI. B.Ramachandra Babu vs. State of Karnataka and Others2 (SRI. B.Ramachandra Babu). 5. In the above decisions, the respondents were directed to place the application/representation of the petitioner therein before Hon'ble Justice Bopaiah's Committee, and impugned endorsements in those cases were quashed. Therefore, learned counsel for the petitioner submits that similar relief to be granted in this Writ Petition as well. 1 W.P.No.8296/2025 -DD 20.03.2025 2 WRIT PETITION NO. 19233 OF 2025 - DD 15.07.2025 - 4 - HC-KAR NC: 2025:KHC:48350 WP No. 34362 of 2025 6. The learned counsel appearing for the respondents would not dispute the legal position laid down in the aforementioned decisions and submits that the petitioner's applications/representations would also be placed before the said Committee. Paragraph Nos.2 to 4 in Sri.Manjunatha K.G's case (supra), is extracted below for ready reference: "2. Though the matter is coming up for preliminary hearing on fresh matters with the consent of the learned counsel for the petitioner as well as the learned counsel for the respondents, the matter is taken up for final disposal. 3. Learned counsel for the petitioner submits that the petitioner is seeking similar relief as was granted in W.P.No.27997/2024 dated 24.02.2025. Learned counsel submits that the petitioner is the owner of a revenue site, property bearing No.16 in Doddabettahalli Grama Panchayat Katha No.36, situated at Vaderahalli Village, Yelahanka Hobli, Bangalore North Taluk. The petitioner seeks an opportunity to appear before the Hon'ble Bopaiah's Committee, which was constituted after following the directions issued by the Hon'ble Apex Court in - 5 - HC-KAR NC: 2025:KHC:48350 WP No. 34362 of 2025 the matter of 'Dr.Shivaram Karanth Layout'. It is pointed out from the said order in WP.No.27997/2024 that this Court noticed the directions issued by the Division Bench in W.P.No.14609/2023 dated 11.07.2024, whereby four weeks time was granted to the BDA to publish information, both in print and electronic media, to apprise all such persons who claim to have revenue sites in the land notified for the formation of 'Dr.Shivaram Karanth Layout'. Further, all such persons were permitted to approach the Committee with grievance, and the Committee was directed to consider such grievance for allotment of alternative sites. However, when the petitioner made an application on 13.02.2025 through the- Bangalore Development Authority, the impugned endorsement dated 07.03.2025 is issued. 4. Accepting the submissions of learned counsel for petitioner, the writ petition stands disposed of. The endorsement dated 07.03.2025 issued by respondent No.3 at Annexure-F is hereby quashed. The respondent Nos.2 and 3 are directed to place the application at Annexure-E dated 22.01.2025 before the Hon'ble Bopaiah's Committee for consideration in terms of the directions issued by the Division Bench. As and when the application is placed before the - 6 - HC-KAR NC: 2025:KHC:48350 WP No. 34362 of 2025 Committee, the Committee is requested to consider and dispose of the same in accordance with law." 7. Considering the submission of the learned counsels, this Court pass the following: ORDER (i) The Writ Petition is disposed of. (ii) The impugned endorsement dated 17.10.2025 (Annexure-C) issued by respondent No.3 is hereby set aside. (iii) Respondent Nos.2 and 3 are directed to place the petitioner's application dated 17.09.2025 (Annexure-B) before Hon'ble Justice Bopaiah's Committee for consideration in terms of the directions issued in the case of Sri.Yashpal D.V. and others vs. The Bangalore - 7 - HC-KAR NC: 2025:KHC:48350 WP No. 34362 of 2025 Development Authority and others3, within an outer limit of two(2) weeks from the date of receipt of a certified copy of this order. (iv) When such applications are placed before the Committee, the Committee is directed to consider and dispose of the same in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 20 3 W.P.No.27997/2024