C B C I SOCIETY FOR MEDICAL EDUCATION v. THE STATE OF KARNATAKA
WP/25430/2025 · 2025-09-26
M I Arun
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57305 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57305 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39000 WP No. 25430 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 25430 OF 2025 (LB-BMP) BETWEEN:
1.
C B C I SOCIETY FOR MEDICAL EDUCATION, SARJAPURA - MARATHAHALLI ROAD, BESIDE BANK OF BARODA, JOHN NAGAR KORAMANGALA, BENGALURU 560034 REPRESENTED BY SECRETARY (PRIVATE EDUCATION INSTITUTION).
2.
ST JOHN'S MEDICAL COLLEGE, (A UNIT OF CBCI SOCIETY FOR MEDICAL EDUCATION) SARJAPURA - MARATHAHALLI ROAD, BESIDE BANK OF BARODA, JOHN NAGAR KORAMANGALA, BENGALURU 560034 (PRIVATE EDUCATION INSTITUTION) REGISTERED UNDER MYSORE SOCIETIES REGISTRATION ACT ) BOTH PETITIONER 1 AND 2 REPRESENTED BY THE SECRETARY C.B.C.I. SOCIETY FOR MEDICAL EDUCATION FR. JESUDOSS RAJAMANICKAM …PETITIONERS (BY SRI. VINAY N.,ADVOCATE FOR SRI MANMOHAN P N ASSOCIATES) AND:
1.
THE STATE OF KARNATAKA Digitally signed by CHAITHANYA K Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:39000 WP No. 25430 of 2025 DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU 560 001, REPRESENTED BY ITS SECRETARY
2.
BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) N.R. SQUARE, CORPORATION CIRCLE, BENGALURU 560 002, REPRESENTED BY ITS COMMISSIONER.
3.
DEPUTY COMMISSIONER (LAND ACQUISITION AND TDR) BBMP, N.R. SQUARE, CORPORATION CIRCLE, BENGALURU - 560 002 …RESPONDENTS (BY SRI. K B MAHESH KUMAR., ADVOCATE FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDERT ARTICLES PRAYING TO RESTRAIN THE RESPONDENTS, THEIR OFFICERS, AGENTS, OR CONTRACTORS FROM DISPOSSESSING THE PETITIONERS, DEMOLISHING ANY STRUCTURES, REMOVING TREES AND/OR IN ANY MANNER INTERFERING WITH THE PETITIONERS' PEACEFUL POSSESSION AND ENJOYMENT OF PROPERTIES BEARING PID NOS. 67-3-141/1 AND 67-3-141/2-1 SITUATED AT JAKKASANDRA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, EXCEPT IN ACCORDANCE WITH RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE M.I.ARUN
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HC-KAR NC: 2025:KHC:39000 WP No. 25430 of 2025 ORAL ORDER The case of the petitioners is that they are the owners of the property, which is the subject matter of the writ petition. It is alleged that the respondent - BBMP is trying to utilize the property by encroaching upon the same, without acquiring it and without following the due process of law. Hence, the writ petition is filed with the following prayers:
"i. Issue a Writ of Mandamus restraining the Respondents, their officers, agents, or contractors from dispossessing the Petitioners, demolishing any structures, removing trees and /or in any manner interfering with the Petitioners' peaceful possession and enjoyment of properties bearing PID Nos.67-3- 141/1 and 67-3-141/2-1 situated at Jakkasandra Village, Begur Hobli, Bengaluru South Taluk, except in accordance with Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; and ii. Pass such other orders as this Hon'ble Court may deemed fit and proper in the facts and circumstances of this case, in the interest of justice and equity."
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HC-KAR NC: 2025:KHC:39000 WP No. 25430 of 2025
2. The learned counsel for the respondent-BBMP, upon instructions, submits that the title deeds of the property will be verified. If it is found that the property is a government land, the same will be utilized without giving any compensation to the petitioners. If it is found to be the land belonging to the petitioners, then in that event the same will be utilized only after following the due process of law and acquiring it in the manner known to law and not otherwise. His submission is placed on record.
3. Respondents are
directed to utilize the property, which is the subject matter of the writ petition, only after following the due process of law and not otherwise.
4. The Writ Petition is hereby disposed of. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 13