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2025 DAILYLAW 70146 (KAR)

SRI K SHESHADRI v. THE COMMISSIONER

WP/5554/2025 · 2025-12-17

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53724 WP No. 5554 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 5554 OF 2025 (BDA) BETWEEN: 1. SRI K SHESHADRI, S/O Y.R KRISHNA BHATTACHARYA, AGED ABOUT 67 YEARS, R/AT NO.7, 3RD CROSS, MATADAHALLI, R.T.NAGARA, BENGALURU - 560 032. (NOTE: THE PETITIONER IS NOT CLAIMING THE BENEFIT OF SENIOR CITIZENSHIP) …PETITIONER (BY SRI. SUPRITHA K.H.,ADVOCATE) AND: 1. THE COMMISSIONER THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK EAST, BENGALURU-560 020. REP BY ITS COMMISSIONER 2. THE DEPUTY SECRETARY -III THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK EAST, BENGALURU-560 020. …RESPONDENTS (BY SRI. ACHAPPA P B.,ADVOCATE FOR R1 AND R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 07-08-2021 VIDE NO.BDA/DS-3/2485/2021- 22 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-N AND ETC. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53724 WP No. 5554 of 2025 THIS PETITION, COMING ON FOR PRELIMNIARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court calling in question, the endorsement dated 07.08.2021 (Annexure-N) issued by respondent No.2, whereby the petitioner has been called upon to pay a sum of Rs.24,62,400/- towards sital value for the allotment of an alternative site, notwithstanding the fact that the petitioner's application for allotment of an alternative site has been registered as early as in the year 2003 and despite earlier proceedings recognizing the petitioner's entitlement to an alternative site. 2. Heard learned counsel for the petitioner and learned counsel appearing for respondent. Perused the material on record. 3. The petitioner claims ownership of a Revenue site No.155, formed in Survey No.134, Khatha No.190, - 3 - HC-KAR NC: 2025:KHC:53724 WP No. 5554 of 2025 measuring 30 x 40 situated at Kommaghatta Village, Sulikere Panchayath, Kengeri Hobli, Bengaluru (for short 'the schedule property'), purchased under a registered sale deed dated 27.12.1993. It is not in dispute that the petitioner's claim for allotment of an alternative site had been recognized by the Land Acquisition Officer by order dated 16.5.2025 (Annexure-D). However, by the impugned endorsement dated 07.08.2021, the respondents have demanded sital value calculated at prevailing rate. 4. Learned counsel on both sides submits that the issue involved in this writ petition is squarely covered by the decision of this Court in the case of SRI SREENIVASA BHATTAR Vs. THE COMMISSIONER AND ANOTHER1 (SRI SREENIVASA BHATTAR) and similar order be passed in this writ petition as well. 1 WP.No.6485/2025 (BDA), D.D.21.11.2025 - 4 - HC-KAR NC: 2025:KHC:53724 WP No. 5554 of 2025 5. Having regard to the submissions made and perusal of the decision of this Court in SRI SREENIVASA BHATTAR's case (supra), the present writ petition being squarely covered and this Court pass the following: ORDER i) The writ petition is disposed of. ii) The impugned endorsement dated 07.08.2021 (Annexure-N) issued by respondent No.2 is hereby quashed. iii) The respondent-BDA is directed to consider the petitioner's representation dated 07.02.2025 (Annexure-T) strictly in accordance with law laid down in the case of JUNJAMMA AND OTHERS Vs. BENGALURU DEVELOPMENT AUTHORITY2 and keeping in mind the 2 WP.No.6485/2025, D.D.21.11.2025 - 5 - HC-KAR NC: 2025:KHC:53724 WP No. 5554 of 2025 order dated 16.05.2015 (Annexure-D) passed by the Land Acquisition Officer. iv) The respondent-BDA shall compute the sital value strictly as on the date of petitioner's application for allotment of an alternative site and shall issue a demand notice to the petitioner within a period of two(2) weeks from the date of receipt of a certified copy of this order. On receipt of such notice, if the petitioner is satisfied with the sital value so computed, he shall deposit the demanded amount with the respondent-BDA within a further period of two(2) weeks thereafter. If the petitioner is not satisfied, he is at liberty to file his reply/objections and upon such reply being filed, the respondent-BDA shall thereafter pass appropriate orders within a further - 6 - HC-KAR NC: 2025:KHC:53724 WP No. 5554 of 2025 period of eight(8) weeks, in accordance with law. Sd/- ____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 2