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2025 DAILYLAW 71146 (KAR)

SRI SACHIN NARAYAN v. STATE OF KARNATAKA

WP/5327/2024 · 2025-10-25

M Nagaprasanna, R Devdas

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42177-DB WP No. 5327 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R DEVDAS AND THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.5327 OF 2024 (LA-BDA) BETWEEN: 1. SRI SACHIN NARAYAN AGED ABOUT 46 YEARS S/O. H. G. NARAYAN R/AT NO.902, 9TH ‘A’ CROSS 6TH MAIN, 2ND STAGE WEST OF CHORD ROAD BENGALURU-560 086 2. SRI PRITHVI NARAYAN AGED 53 YEARS S/O. LATE H. G. NARAYAN R/AT NO.65/14, B. M. ROAD HASSAN-573 201 AMENDED VIDE ORDER DATED 25.10.2024 …PETITIONERS (BY SMT. SWAMINI G. MOHANAMBAL, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42177-DB WP No. 5327 of 2024 VIKASA SOUDHA BENGALURU-560 001 2. BANGALORE DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER T. CHOWDAIAH ROAD BENGALURU-560 020 3. THE LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020 …RESPONDENTS (BY SRI M. RAJAKUMAR, A.G.A., FOR R-1; SRI SHIVAPRASAD M. FOR SRI SHANTANAGOUDAR, ADVOCATES FOR R-2 AND R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION NO.BDA/COMMR/DC(LA)/SLAO/A5/PR/283/2008-2009 DATED 30/12/2008 ISSUED BY THE RESPONDENT NO.1 (VIDE ANNEXURE-L) AND QUASH THE FINAL NOTIFICATION NO.UDD/553/MNX/2018 DATED 30/10/2018 ISSUED BY THE RESPONDENT NO.1 (VIDE ANNEXURE-W). THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42177-DB WP No. 5327 of 2024 CORAM: HON'BLE MR. JUSTICE R DEVDAS and HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayers; (a) Issue a writ in the nature of Certiorari or any other appropriate Writ, Order or Direction, thereby quashing the Preliminary Notification No. BDA/ COMMR/DC(LA)/SLAO/A5/PR/283/2008 -2009 dated 30.12.2008 issued by the Respondent No.1 (vide ANNEXURE-L); (b) Issue a writ in the nature of Certiorari or any other appropriate Writ, Order or Direction, thereby quashing the Final Notification No.UDD/553/MNX/2018 dated 30.10.2018 issued by the Respondent No.1 (vide ANNEXURE-W) And - 4 - HC-KAR NC: 2025:KHC:42177-DB WP No. 5327 of 2024 (c) Grant any other or further orders as may be deemed fit and proper in the circumstances of the case. 2. Learned counsel appearing for the petitioner would now restrict the claim of the petitioner to the receipt of the benefit of acquisition, while giving up the claim of challenge to the acquisition. 3. In the light of the said submission, learned counsel appearing for the respondent would submit that the case of the petitioner would merit consideration at the hands of the Bangalore Development Authority in terms of the scheme, within a reasonable time that the court would fix. 4. In the light of said submission of the learned counsel for the petitioner and the respondent, we hereby record that the challenge to the acquisition has been given up by the petitioner and the petition is now restricted to the claim under the scheme. In that light, the Bangalore - 5 - HC-KAR NC: 2025:KHC:42177-DB WP No. 5327 of 2024 Development Authority is directed to consider the claim of the petitioner within an outer limit of twelve weeks from the date of receipt of a certified copy of this order, if not earlier. Accordingly, writ petition stands disposed of. Sd/- (R DEVDAS) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE KLY CT:VC