- 1 - HC-KAR NC: 2025:KHC:53759 WP No. 36934 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. 36934 OF 2025 (LA-BDA) BETWEEN: MR. BERGER DOUGLAS OTTERAN S/O. BERGER ALPHONSO EDWARD AGED ABOUT 87 YEARS R.AT NO.4/668-1, P & T COLONY GUNTKAL - 515 801 ANANTHPUR DIST. REPRESENTED BY HIS GPA HOLDER- GLEN DOMINIC BRIGGS S/O. O. BRIGGS AGED ABOUT 55 YEARS R/AT NO.203, GROUND FLOOR, PRABHA VILLA, 6TH MAIN, 2ND CROSS, NEAR RAJKUMAR PARK KALYAN NAGAR, BANGALORE - 560 043 …PETITIONER (BY SRI. SHRAVAN S. LOKRE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, REPRESENTED BY ITS SECRETARY, VIKAS SOUDHA, BANGALORE-560001. 2. THE BANGALORE DEVELOPMENT AUTHORITY, HAVING ITS HEAD OFFICE AT, 5TH MAIN RD, KUMARAPARK WEST, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53759 WP No. 36934 of 2025 GUTTAHALLI, BENGALURU - 560 020. REPRESENTED BY ITS COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY 5TH MAIN RD, KUMARAPARK WEST, GUTTAHALLI, BENGALURU - 560 020. …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1 SRI. VASANTHA, ADVOCATE FOR R2 AND R3) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATIONS ISSUED TO RESPONDENT NOS.2 AND 3 UNDER THE PROVISIONS OF SECTION 38D OF THE BANGALORE DEVELOPMENT AUTHORITY ACT DATED 28.10.2025 AS PER ANNX-A, ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri. Vasantha, learned counsel is directed to take notice for respondent Nos.2 and 3. - 3 - HC-KAR NC: 2025:KHC:53759 WP No. 36934 of 2025 3. The petitioner is seeking for the following reliefs: “1. Direct by issuance of Writ in the nature of Mandamus, directing the 2nd Respondent to consider the Representation issued to the Respondent No.2 and 3 under the provisions of Section.38D of the Bangalore Development Authority Act, dated 28-10-2025 as per Annexure-‘A’ AND ‘B’; 2. Direct by issuance of Writ in the nature of Mandamus or any other Writ Directing the Respondents No.2 and 3 not to take coercive steps and disturb the possession of the Petitioners from the schedule property till the consideration of the representation dated 28-10-2025; 3. Pass such other order as this Hon’ble Court may deem fit in the above Writ Petition in the interest of justice and equity.” 4. Heard the learned counsel for the petitioner, learned AGA for respondent No.1 and the learned counsel for respondent Nos. 2 and 3 and perused the material on record. 5. Learned counsel for the petitioner submits that the petitioner has been in occupation and enjoyment of - 4 - HC-KAR NC: 2025:KHC:53759 WP No. 36934 of 2025 the property bearing Site Nos.3 and 3-A, formed out of Assessment No.17/10A, situated at Thanisandra Village, K.R. Pura Hobli, Bengaluru East Taluk, Bengaluru, for more than three decades. It is further submitted that in identical circumstances this Court in the case of Syed Munnavar and Another vs The State of Karnataka and Others1(Syed Munnavar) directed the respondents therein to consider the representations submitted by the petitioners in accordance with law. 6. The submission is placed on record. 7. Having regard to the nature of relief sought and the order passed by this Court in similar matters, this Court deems it appropriate to dispose of the Writ Petition by issuing a similar direction. Accordingly, respondent Nos.2 and 3 are directed to consider the petitioner’s representation dated 28.10.2025 (Annexures A and B) in accordance with law, within an outer limit of two months from the date of receipt of the certified copy of this order. 1 W.P.17308/2025, DD 15.10.2025, - 5 - HC-KAR NC: 2025:KHC:53759 WP No. 36934 of 2025 8. It is made clear that, until such consideration and decision, the respondent Nos.2 and 3 shall not take any coercive steps against the petitioner nor disturb his possession of the schedule property. 9. With the above observations and directions, the Writ Petition stands disposed of. Sd/- _____________________ JUSTICE K.S. HEMALEKHA BMV* List No.: 1 Sl No.: 18