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2025 DAILYLAW 71742 (KAR)

SRI. MUNIRAJAPPA B v. STATE OF KARNATAKA

WP/27635/2025 · 2025-10-15

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40956 WP No. 27635 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.27635 OF 2025 (LA-BDA) BETWEEN: 1. SRI MUNIRAJAPPA .B S/O BUDDANNA AGED ABOUT 73 YEARS, 2. NARAYANAPPA .B S/O BUDDANNA AGED ABOUT 65 YEARS, 3. RAVI KUMAR .B S/O BUDDANNA AGED ABOUT 60 YEARS, 4. GOVINDAPPA .B S/O BUDDANNA AGED ABOUT 71 YEARS, 5. SHAMANNA .B S/O BUDDANNA AGED ABOUT 58 YEARS, ALL ARE RESIDING AT SRIRAMPURA, MARAMMA TEMPLE, JAKKUR POST, YELAHANKA HOBLI, BENGALURU-560 063. …PETITIONERS (BY SRI SAMPATH A., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40956 WP No. 27635 of 2025 AND: 1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT, 4TH FLOOR, VIKAS SOUDHA, BENGALURU-560 001. 2. BENGALURU DEVELOPMENT AUTHORITY REPRESENTED BY COMMISSIONER KUMARA PARK WEST, T. CHOUDAIAH ROAD, BENGALURU-560 020. 3. THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOUDAIAH ROAD, BENGALURU-560 020. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI VENKATESHA C., ADVOCATE FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS ON THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 13.08.2025 VIDE ANNEXURE-A BY PASSING APPROPRIATE ORDERS AT THE EARLIEST; DIRECTING THE RESPONDENT NO.1 TO PASS ORDERS AS PER DIRECTION OF THIS HON’BLE COURT AT PARA 102 IN ILR 2006 KAR 318 BETWEEN COMMISSIONER, BDA AND OTHERS VS. STATE OF KARNATAKA VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:40956 WP No. 27635 of 2025 ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri Venkatesha C., learned counsel is directed to accept notice for respondent Nos.2 and 3. 3. The petitioner has approached this Court in this writ petition seeking a writ of mandamus directing respondent No.2-Bengaluru Development Authority (BDA) to consider their representation dated 13.08.2025 at Annexure-A and directing respondent No.1 to pass appropriate orders keeping in view of directions in the case of The Commissioner BDA and Others Vs. State of Karnataka by its Secretary and Others1 (The Commissioner BDA) at paragraph No.102. 4. Heard Sri Sampath A., learned counsel for the petitioner, Sri Harisha A.S., learned AGA for respondent No.1 and Sri Venkatesha C., learned counsel for 1 ILR 2006 KAR 318 - 4 - HC-KAR NC: 2025:KHC:40956 WP No. 27635 of 2025 respondent Nos.2 and 3 and perused the material on record. 5. Learned counsel for the petitioners submits that the petitioners have been pursuing their claim in respect of the subject land since 2003, and more than 20 years, no final decision has been taken. It is submitted that the representation dated 13.08.2025 remains unattended, necessitating the present petition. 6. Learned counsel for respondent Nos.1 and 2 fairly submits that the petitioner’s representation is under consideration and same would be considered in accordance with law, if a reasonable period of time is granted 7. The submission is recorded. 8. In view of the above, this Court is of the considered view that the grievance of the petitioner would be redressed if suitable directions are issued to respondent - 5 - HC-KAR NC: 2025:KHC:40956 WP No. 27635 of 2025 Nos.1 and 2 to consider the petitioner’s representation. Accordingly, the following: ORDER i. The writ petition is disposed of. ii. Respondent Nos.1 and 2 are directed to consider the representation submitted by the petitioner dated 13.08.2025 at Annexure-A and bearing in mind the direction of this Court in the case of The Commissioner BDA at paragraph No.102 and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of the certified copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 17