- 1 - HC-KAR NC: 2025:KHC:27729 WP No. 11921 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11921 OF 2025 (LA-BDA) BETWEEN: 1. PRABHAVATHY HOSAHALLI BYANNA W/O LATE C JAYENDRA, AGE 53 YEARS 2. ASHWINI J D/O LATE C JAYENDRA AGE 32 YEARS 3. SANJANA J D/O LATE C JAYENDRA AGE 27 YEARS 4. CHANDU J S/O LATE C JAYENDRA AGE 22 YEARS ALL ARE RESIDING AT NO.217, 3RD MAIN, MAHALAKSHMIPURAM LAYOUT, BENGALURU - 560 086. REPRESENTED BY THEIR GPA HOLDER MR.ABDUL SUHAIL AHMED S/O ABDUL KHAFEEL AHMED AGE 44 YEARS R/AT NO.B212, DIVYA MSR GATEWAY, M.S.RAMAIAHA ROAD, H.M.R LAYOUT, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27729 WP No. 11921 of 2025 GOKULA MATHIKERE, BENGALURU - 560 054. …PETITIONERS (BY SRI. M.S. SHYAM SUNDAR, SR. COUNSEL FOR SRI. MOHAMMED AYUB ALI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE MULTISTORIED BUILDING DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, BANGALORE - 560 001. 3. THE SPECIAL DEPUTY COMMISSIONER, BANGALORE DISTRICT, REVENUE BHAVAN, K.G.ROAD BANGALORE - 560 009. …RESPONDENTS (BY SMT. RASHMI RAO, HCGP FOR R1; SRI. AJAY KUMAR M, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF THE BDA AND ISSUE AND APPROPRIATE WRIT DIRECTION OR ORDER DECLARING THAT THE SCHEME KNOWN AS RAJ MAHAL VILAS 2ND STAGE IN RESPECT OF THE SCHEDULE PROPERIES SITUTATED AT BHOOPASANDRA VILLAGE, KASABA HOBLI, BANGALORE NORTH TALUK, NOTIFIED BY THE PRELIMINARY NOTIFICATION NO. A3 PRS/3/SLAO/BDA/1977-78 DTD 19.01.1978 ANNX-A AND FINAL NOTIFICATION NO. 1 HUD/310/MNX/82 DTD - 3 - HC-KAR NC: 2025:KHC:27729 WP No. 11921 of 2025 28.12.1982 ANNX-B HAVE LAPSED UNDER SECTION 27 OF THE BDA ACT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayers: "(i) Wherefore, these petitioners most respectfully pray that, this Hon'ble Court be pleased to call for the records of the BDA and Issue an appropriate writ direction or order, declaring that the scheme known as Raj Mahal Vilas 2nd Stage" in respect of schedule properties situated at Bhoopsandra Village, Ksaba Hobli, Bangalore North Taluk, notified by Preliminary Notification No.A3.PRS/3/SLAO/BDA/1977-78 dated 19.01.01978 (Annexure A) and Final Notification No.1 HUD/310/MNX/82 dated 28.12.1982 (Annexure B) have lapsed under section 27 of BDA Act and, grant consequential relief/s thereto. (ii) Issue an appropriate writ, direction or order, further declaring that the acquisition proceedings in respect of schedule properties situated at Sy No.7 and 8 at Bhoopsandra Village, Ksaba Hobli, Bangalore North Taluk, notified by Preliminary Notification No.A3.PRS/3/SLAO/BDA/1977-78 dated 19.01.1978 (Annexure A) and Final notification No.1 HUD/310/MNX/82 dated 28.12.1982 (Annexure B) have lapsed under section 27 of BDA Act. (iii) Issue any other appropriate order or direction as this Hon'ble deems fit and proper in the facts and - 4 - HC-KAR NC: 2025:KHC:27729 WP No. 11921 of 2025 circumstances of the case, in the ends of justice and equity." 2. Heard Shri M.S. Shyam Sundar, learned Senior counsel for Shri Mohammed Ayub Ali, learned counsel appearing for the petitioners; Smt. Rashmi Rao, learned High Court Government Pleader appearing for respondent No.1 and Shri Ajay Kumar M., learned counsel appearing for respondents No.2 and 3. 3. The learned Senior counsel after arguing the matter at length would restrict his prayer for the BDA to consider the case of the petitioners qua the land in terms of Section 38D of the Bangalore Development Authority (BDA) Act, 1976 ('the Act for short). 4. Shri Ajay Kumar M., learned counsel appearing for respondents No.2 and 3 submits that the earlier representation submitted was in the year 2016 seeking re-allotment and Section 38D of the Act comes into force only in the year 2020 and therefore, the petitioners are wanting the case to be considered under Section 38D of the Act and a fresh application in the prescribed format should be submitted. - 5 - HC-KAR NC: 2025:KHC:27729 WP No. 11921 of 2025 5. The learned Senior counsel would accept the same and seek four weeks time to submit the application seeking the benefit under Section 38D of the Act. 6. In the event, the said application is preferred within four weeks from today, the BDA shall take a decision, thereon, within an outer limit of twelve months from the date of submission of the application. The decision so taken shall be communicated to the petitioners. 7. The BDA is at liberty to seek any other document from the hands of the petitioners, if needed. 8. The respondent - BDA shall not precipitate the matter till the consideration of the application. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 27 CT: BHK