Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30176 WP No. 31455 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 31455 OF 2019 (LA-BDA) BETWEEN:
1.
SHRI V LIKITHMANJUNATH S/O LATE SHRI VENKATASWAMY R/O NO. 2564, 6TH CROSS MUNISWAMAPPA LAYOUT KONENA AGRAHARA , HAL III STAGE BENGALURU 560017 …PETITIONER (BY SRI. SHANMUKHAPPA, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF URBAN DEVELOPMENT 4TH FLOOR, VIKASA SOUDHA BENGALURU – 560 001
2.
THE BENGALURU DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU - 560 020 REPRESENTED BY ITS COMMISSIONER …RESPONDENTS
(BY SRI. SPOORTHY HEGDE N., LEARNED HCGP FOR R1 SRI. MURUGESH V. CHARATI, ADVOCATE FOR R2)
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:30176 WP No. 31455 of 2019
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 15.07.1971 ISSUED BY R-1 IN SO FAR AS IT RELATES TO THE PROPERTY BEARING KHATA NO.739/F, FORMED IN SY.NO.15/3 OF KODIHALLI VILLAGE, VARTHUR HOBLI, BENGALURU SOUTH TALUK, VIDE ANNX-'A'.
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 petitioner is before this Court seeking the following prayer:
“(a) Issue a Writ in the nature of Certiorari quashing the impugned Notification bearing No.HMA 53 MNJ 71 dated 15.07.1971 issued by Respondent No.1 in so far as it relates to the property bearing Khata No.739/F, formed in Sy.No.15/3 of Kodihalli Village, Varthur Hobli, Bengaluru South Taluk, vide ANNEXURE-'A';
(b) Issue any other appropriate Writ,
Order or Directions as this Hon'ble Court deems fit under the
facts and circumstances of the case, in the interest of justice and equity.”
2. Heard Sri Nataraj Baba K., learned counsel for petitioner and Sri Murugesh V. Charati, learned counsel for respondent No.2.
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HC-KAR NC: 2025:KHC:30176 WP No. 31455 of 2019
3. The challenge by the petitioner is to the final notification issued by the second respondent – Bengaluru Development Authority. The petitioner’s father is the purchaser of the property on 11.02.2008, which has become the subject matter of acquisition. Pursuant to the said purchase, the father of the petitioner institutes O.S.No.1757 of 2012 and same comes to be dismissed on 05.11.2018. Challenging the
judgment in the O.S.No.1757/2012, R.F.A.No.2232/2018 is preferred and is now pending before the division bench of this Court.
4. Learned counsel for the petitioner submits that if the grievance of the petitioner be permitted to be urged before the division bench hearing R.F.A.No.2232/2018 and make the rights of the petitioner, subject to the outcome of the said R.F.A., it would suffice for the present.
5. Since the entire issue is at large before the division bench of this Court, hearing R.F.A.No.2232/2018, I deem it appropriate to dispose of the subject petition. The rights of the petitioner would be subject to the outcome of R.F.A.No.2232/2018.
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HC-KAR NC: 2025:KHC:30176 WP No. 31455 of 2019
6. With the afore-made observations, the writ petition stands disposed.
Ordered accordingly.
SD/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 12