- 1 - HC-KAR NC: 2025:KHC:41870-DB WP No. 3023 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R DEVDAS AND THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 3023 OF 2025 (LA-BDA) BETWEEN: D. ANJINAPPA S/O LATE DODDAMUTHAPPA AGED ABOUT 76 YEARS R/AT NO.74, BYLAKERE VILLAGE SHIVAKOTE POST, HESARGHATTA HOBLI BANGALORE NORTH TALUK-560080 …PETITIONER (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT M S BUILDING, BENGALURU 560001. 2. BANGALORE DEVELOPMENT AUTHORITY KUMAR PARK WEST T CHOWDAIAH ROAD BENGALURU 560020 REP BY ITS COMMISSIONER 3. THE SPECIAL LAND ACQUISITION OFFICER DR. K SHIVARAM KARANTH LAYOUT Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41870-DB WP No. 3023 of 2025 OFFICE OF BANGALORE AUTHORITY T CHOWDAIAH ROAD BENGALURU 560020. 4. ASSISTANT EXECUTIVE ENGINEER DR K SHIVARAM KARANTH LAYOUT OFFICE OF BANGALORE AUTHORITY KUMAR PARK WEST, T CHOWDAIAH ROAD, BENGALURU 560020. …RESPONDENTS (BY SRI.M.RAJAKUMAR., AGA FOR R1 SRI. SHIVAPRASAD.M. SHANTANAGOUDAR., ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS THE RESPONDENT NO. 2 TO 4 FROM DISPOSSESSING THE PETITIONER OR DEMOLISHING THE EXISTING STRUCTURES ON SCHEDULE PROPERTY EXCEPT BY DUE PROCESS OF LAW AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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: - 3 - HC-KAR NC: 2025:KHC:41870-DB WP No. 3023 of 2025 a) Issue a writ, order or direction in the nature of mandamus the respondent No.2 to 4 from dispossessing the petitioner or demolishing the existing structures on schedule property except by due process of law and b) Issue a writ of order or direction in the nature of mandamus to allot an equivalent extent of developed site on land-to-land basis and pay additional compensation for the building; and c) Grant any other remedy that this Hon’ble Court deems fit in the facts and circumstances of the case. 2. Heard Sri Srinivas V., learned Counsel appearing for the petitioner and Sri M.Rajakumar, learned Additional Government Advocate appearing for the respondent-State and Sri Shivaprasad Shantanagoudar, learned Counsel appearing for the respondent-BDA. 3. The petitioner claims to be the owner of a certain property, area of which is described in the petition. The apprehension of the petitioner is that the road may pass - 4 - HC-KAR NC: 2025:KHC:41870-DB WP No. 3023 of 2025 through his property any time in future and therefore, the rights of the petitioner would be put to jeopardy. 4. The learned Counsel Sri Shivaprasad Shantanagoudar appearing for the respondent-BDA submits that the road is yet to pass through the property even. The apprehension of the petitioner is that the road will come near the property of the petitioner. Therefore, the petition is premised on apprehension and not a fact. 5. Therefore, the writ petition is to be disposed as premature reserving liberty to the petitioner to approach the appropriate fora in the event of need at the appropriate time. Ordered accordingly. Sd/- (R DEVDAS) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE JT/- CT:JL