- 1 - HC-KAR NC: 2025:KHC:51084 WP No. 16075 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.16075 OF 2025 (BDA) BETWEEN: SMT. R. SHANTHA W/O. M. RAMDAS, AGED ABOUT 54 YEARS, R/AT NO.H51, VINAYAKA TOWERS, KALASIPALYA MAIN ROAD, BANGALORE. …PETITIONER (BY SRI SHRIKANTA SHARMA, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, URBAN DEVELOPMENT AUTHORITY, BANGALORE-560 001. 2. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDIAH ROAD, BANGALORE-560 020. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI VASANTHA, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSEU A WRIT OF MANDAMUS OR ANY APPROPRIATE WRIT OR ORDER DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 07.03.2025 AT ANNEXURE-A, AND REGULARIZE THE POSSESSION OF THE PETITIONER UNDER SECTION 38-D OF BDA ACT. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51084 WP No. 16075 of 2025 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 claims that she is the absolute owner and possessor of the residential property bearing Municipal Katha No. 44/5, carved out of Sy. No. 44/5 and re- numbered as Sy No. 44/5B, situated at Valagerehalli Village, Kengeri Hobli, Bangalore South Taluk, purchased under a registered sale deed dated 10.11.1997, upon which she has constructed a house and resides therein. It is stated that she is in continuous and uninterrupted possession since the date of purchase and contends that the property was originally part of a layout formed by a previous owner and subsequently sold through successive registered conveyances. It is submitted that she earlier instituted OS No. 7117 of 2007 seeking protection of her possession against third party interference. Though the suit was dismissed, the appeal in RFA 1864 of 2013 was disposed of with the liberty to pursue regularisation under - 3 - HC-KAR NC: 2025:KHC:51084 WP No. 16075 of 2025 Section 38D of the Bangalore Development Authority Act (‘the Act’ for short). Pursuant thereto, she submitted a representation dated 07.03.2025 seeking regularisation of her possession under Section 38D of the Act and expressing willingness to pay betterment charges. 2. Heard learned counsel for the petitioner, learned AGA for respondent No.1/State and the learned counsel for respondent No.2-BDA. 3. Learned counsel for the petitioner submits that despite continuous possession, production of documents and despite all materials available about her residence, the respondent/BDA has not acted upon the representation. 4. The grievance of the petitioner is limited to non- consideration of her representation dated 07.03.2025 seeking regularisation of her possession under Section 38D of the Act. The material on record indicates that the petitioner had made a detailed request supported by documents and the authority is required to take decision in accordance with law. Since the relief sought is only a - 4 - HC-KAR NC: 2025:KHC:51084 WP No. 16075 of 2025 direction to consider the representation, the grievance of the petitioner would stand redressed if necessary directions are issued. Accordingly this Court pass the following : ORDER (i) The Writ Petition is disposed of. (ii) Respondent No.2 is directed to consider the petitioner’s representation dated 07.03.2025 (Annexure-A) and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of the certified copy of this order. All contentions of both parties are kept open. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 61