- 1 - HC-KAR NC: 2025:KHC:48054 WP No. 14718 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.14718 OF 2020 (LA-BDA) BETWEEN: SRI SIDDARAJU S/O MARIAPPA AGED ABOUT 50 YEARS, R/AT KANNAHALLI VILLAGE, KODIGEHALLI POST, YESHWANTHAPURA HOBLI, BANGALORE NORTH TALUK. …PETITIONER (BY SRI NAGENDRA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU, KARNATAKA-560001. 2. THE BDA REP. BY ITS COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMAR PARK WEST BANGALORE-560020. 2. THE SPL. LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMAR PARK WEST, BANGALORE-560020. …RESPONDENTS (BY SRI HARISHA A.S, AGA FOR R-1; SRI MURUGESH V. CHARATI, ADVOCATE FOR R-2 & R-3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48054 WP No. 14718 of 2020 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO THE RESPONDENT NOS.2 AND 3 TO SET ASIDE THE NOTIFICATION UDD 51 MNX 2010 DATED 18.02.2010 IN RESPECT OF LAND BELONGS TO THE PETITIONER TO AN EXTENT OF 217 GUNTAS IN SY NO.58/5 OF KODIGEHALLI VILLAGE, YESHWANTAPURA HOBLI, BENGALORE NORTH TALUK AND ETC. THIS PETITION COMING ON FOR PRELIMINARY 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 seeking a direction to respondent Nos.2 and 3 to set aside the notification dated 18.02.2010 insofar as it pertains to 27 guntas in Sy.No.58/5 of Kodigehalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk (hereinafter referred to as the “schedule property”), and for a further direction to pay compensation in respect of the said land. 2. Heard learned counsel for the petitioner, learned Additional Government Advocate for respondent No.1 and learned counsel for respondent Nos.2 and 3. 3. The case of the petitioner is that one Kurlaiha S/o Kadiaha had purchased land in Sy.No.58/5 measuring - 3 - HC-KAR NC: 2025:KHC:48054 WP No. 14718 of 2020 2 acres 5 guntas, including 30 guntas of A-Kharab land, from Subamma W/o Chinnaya. It is further stated that the petitioner’s grandfather, Vengatappa @Motaiha, had also purchased land in Sy.No.58/5 to an extent of 2 acres 5 guntas inclusive of A-Kharab land. 4. The respondent–Bengaluru Development Authority (BDA) issued a preliminary notification followed by a final notification acquiring land of 1 acre 29 guntas in Sy.No.58/5. 5. A rival claimant, Mallaiha (since deceased and represented by his legal heirs), approached this Court in W.P.No.31287/2018, seeking a reference under Sections 30 and 31 of the Land Acquisition Act, 1894 (“the Act” for short) for adjudicating the right, title and interest over the schedule property, the present petitioner was arrayed as respondent No.6(b) in the said proceedings. 6. Learned counsel for respondent Nos.2 and 3 submits that, pursuant to the order passed in - 4 - HC-KAR NC: 2025:KHC:48054 WP No. 14718 of 2020 W.P.No.31287/2018, the BDA has already referred the entire extent of 1 acre 29 guntas, including A-Kharab land, to the jurisdictional Civil Court for adjudication under Sections 30 and 31 of the Act and the matter is presently pending adjudication before the City Civil Court, Bengaluru. Hence, the petitioner’s request for independent consideration of compensation for 27 guntas is premature and cannot be entertained until the title dispute is finally resolved. 7. On consideration of the submission and the material on record, and in view of the earlier directions of this Court leading to the reference under Sections 30 and 31 of the Act, this Court is of the view that the petitioner’s claim for compensation cannot be independently adjudicated at this juncture. The petitioner’s entitlement, if any, is subject to final out come of the proceedings pending before the Civil Court. - 5 - HC-KAR NC: 2025:KHC:48054 WP No. 14718 of 2020 8. Accordingly, the writ petition is dismissed as devoid of merits. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 9