- 1 - HC-KAR NC: 2025:KHC:36898 WP No. 17172 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17172 OF 2025 (BDA-) BETWEEN: BHAGAVANTHA I.KATTIMANI S/O LATE IRAPPA KATTIMANI AGED ABOUT 63 YEARS R/O G16, SLV LAKE VIEW APARTMENT 1ST MAIN BAGLUR ROAD BABANAGAR, AIR FORCE STATION YELAHANKA BENGALURU – 560 063. …PETITIONER (BY SRI H.S.SANTHOSH, ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY BENGALURU - 560 020. 2. ASSISTANT EXECUTIVE ENGINEER EAST RANGE B.D.A COMPLEX R.T.NAGAR, BENGALURU - 560 032. 3. P.LAKSHMINARAYANA REDDY S/O LATE G.P.PAPPA REDDY AGED ABOUT 45 YEARS R/O CHIKKABANASWADI WARD NO. 84, B.M.P. Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36898 WP No. 17172 of 2025 K.R.PURAM HOBLI BENGALURU EAST TALUK BENGALURU - 560 043. 4. P.PRABAKAR REDDY S/O LATE G.P.PAPPA REDDY AGED ABOUT 42 YEARS R/O CHIKKABANASWADI WARD NO. 84, B.M.P. K.R.PURAM HOBLI BENGALURU EAST TALUK BENGALURU - 560 043. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT K.R.PURAM BENGALURU EAST TALUK BENGALURU - 560 016. …RESPONDENTS (BY SRI SACHIN B. S., ADVOCATE FOR R1 AND R2; SRI H.P.LEELADHAR. ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS AGAINST THE R5 TO CONDUCT A JOINT SURVEY IN CONTINUANCE WITH THE REPRESENTATION OF THE PETITIONER DATED 16.03.2024 VIDE ANNEXURE -E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36898 WP No. 17172 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “(i) issue a writ in the nature of Mandamus against the 5th respondent to conduct a Joint Survey in continuance with the representation of the petitioner dated 16.03.2024 vide ANNEXURE - E; (ii) The petitioner also seeks for a direction against the respondent authorities to conduct a Joint survey in respect of the schedule site and to demarcate the portion of the property in issue from that of the remaining site; (iii) Such other relief/s as this Hon'ble court deems fit in the interest of justice and equity.” 2. Heard Sri H.S.Santhosh, learned counsel for petitioners, Sri Sachin B.S., learned counsel for respondent Nos.1 and 2 and Sri H.P.Leeladhar, learned counsel for respondent No.3. 3. The petitioner was before this Court in writ petition No.17825/2024, which comes to be disposed by a coordinate bench of this Court in terms of an order dated 11.11.2024. It reads as follows: - 4 - HC-KAR NC: 2025:KHC:36898 WP No. 17172 of 2025 “2. The grievance of the petitioner in this writ petition is that, though the site in question has been allotted in favour of the petitioner as per Annexure-A, however, there is a discrepancy insofar as the measurement is concerned and therefore, the petitioner has made a representation dated 16.03.2024 (Annexure- E) and the same is pending consideration before the respondent-BDA. 3. In that view of the matter, without expressing any opinion on the merits of the case, respondent Nos.1 and 2 are hereby directed to consider the representation dated 16.03.2024 (Annexure-E) in accordance with law, within an outer limit of four months from the date of receipt of this order. With this observation, the writ petition is disposed of.” (Emphasis supplied) In terms of the afore-quoted order, the coordinate bench issued a direction to consider the representation of the petitioner. The representation of the petitioner is yet to be considered. In the interregnum, owing to disturbance from the respondents, the petitioner is before this Court seeking the afore-quoted prayer. 4. The prayer is for conduct of a joint survey and to demarcate the portion of the property belonging to the petitioner. The schedule appended to the prayer is as follows: - 5 - HC-KAR NC: 2025:KHC:36898 WP No. 17172 of 2025 “All that piece and parcel of the Site bearing No. 2CC-303, OMBR Layout (Sy No. 173 of Banasawadi village measuring East West 30 feet and North South 40 Feet totally measuring 1200 square feet and bounded on; East by : Site No. 2CC-301, West by : Site No. 2CC-305, North by : BDA property, South by : 2C Cross Road” Therefore, the petitioner seeks conduct of a joint survey of a site bearing No.2CC-303, OMBR Layout (Survey No.173 of Banasawadi Village) measuring East – West 30 feet and North – South 40 feet, totally measuring 1200 sq. ft. and bounded thereon. 5. ft. and bounded thereon. 5. Learned counsel appearing for respondent Nos.1 and 2 – Bengaluru Development Authority would submit that a joint survey would be conducted, if a direction is issued by this Court. 6. In the light of the prayer being innocuous, I deem it appropriate to direct respondent Nos.1 and 2 – Bengaluru Development Authority along with respondent No.5 – Assistant Director of Land Records and Survey Settlement to conduct a joint survey in the presence of the petitioner. Respondent No.1 - 6 - HC-KAR NC: 2025:KHC:36898 WP No. 17172 of 2025 shall draw up a report and communicate the report so drawn to the petitioner. 7. In the event, the report would go against the petitioner, the petitioner is at liberty to knock at the doors of the appropriate fora. 8. With the afore-made observations and the direction, writ petition is allowed. All contentions would remain open. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 33 CT:SS