- 1 - HC-KAR NC: 2025:KHC:44199 WP No. 9289 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.9289 OF 2025 (LA-BDA) BETWEEN: 1. SRI KOLLIPARA SHANKAR S/O. KOLLIPARA GANDHI, AGED ABOUT 48 YEARS, R/AT NO.21-125-15-1C, BYE PASS ROAD, OPP. TARAKESHWARA REDDY, CHANDAMAMA HOSPITAL, NANDYAL-518 501, ANDHRA PRADESH. 2. SRI N. VINOD KUMAR S/O. NERAVATI SATYANARAYANA, AGED ABOUT 52 YEARS, R/AT NO.1-184A, NERAVATI HOSPITALS, OPP HEAD POST OFFICE, GANDHI CHOWK, NANDYAL-518 501, KURNOOL DISTRICT, ANDHRA PRADESH. 3. SMT. A. ARUNA KUMARI W/O. VINOD KUMAR. N. AGED ABOUT 48 YEARS, R/AT NO.1-184A, NERAVATI HOSPITALS, OPP HEAD POST OFFICE, GANDHI CHOWK, NANDYAL-518 501, KURNOOL DISTRICT, ANDHRA PRADESH. 4. SRI. VENKATARAMANA J PRASAD S/O. B.L. VENKATARAMANAN, AGED ABOUT 69 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44199 WP No. 9289 of 2025 R/AT NO.71/5, SURVEYOR STREET, BASAVANAGUDI, BENGALURU-560 004. 5. SMT. MEENAKSHI PRASAD W/O. VENKATARAMANA J PRASAD, AGED ABOUT 64 YEARS, R/AT NO.71/5, SURVEYOR STREET, BASAVANAGUDI, BENGALURU-560 004. …PETITIONERS (BY SRI MANJUNATH K.V., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE-560 001. 2. THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, KUMARA PARK, BANGALORE-560 020. 3. POLICE INSPECTOR, SPECIAL TASK FORCE AND VIGILANCE, BENGALURU DEVELOPMENT AUTHORITY, BANGALORE-560 020. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SMT. POONAM PATIL, ADVOCATE FOR R-2 AND R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-T NOTICE DATED 25/02/2025 ISSUED BY THE 3RD RESPONDENT AND THE IMPUGNED PRELIMINARY NOTIFICATION NO.BDA/SLAO/A6/PR/229/87-88 DATED 23/03/1988 VIDE ANNEXURE-U AND FINAL NOTIFICATION NO.HUD292MNX93 DATED 19/10/1994 VIDE ANNEXURE-V AND DECLARE THE ACQUISITION AS LAPSED UNDER SECTION 27 OF THE BENGALURU DEVELOPMENT AUTHORITY ACT. - 3 - HC-KAR NC: 2025:KHC:44199 WP No. 9289 of 2025 THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners have sought for quashing of the proceedings and the order dated 25.02.2025 passed by respondent No.3 as well as the preliminary notification dated 23.03.1988 and final notification dated 19.10.1994 insofar as they relate to the properties bearing Site Nos.251 to 254, said to have been formed in the land bearing Sy.No.122 and 123/1 of Kothunur village. 2. It is the specific case of these petitioners that Sy.No.123/1 belonged to one Narayanappa and Sy.No.122 to one B.A. Nagaraj, Sathish Pai and S. Raghunath and that certain agreements and power of attorney are executed in favour of the developers, who have in turn formed sites and conveyed the same to various purchasers. The material on record discloses that a Civil suit for declaration of permanent injunction of the concerned parties is already pending before the - 4 - HC-KAR NC: 2025:KHC:44199 WP No. 9289 of 2025 jurisdictional Civil Court, wherein the validity of such agreements, the nature of title and right flowing from the alleged documents are under adjudication. 3. Without entering into the merits of the rival contentions regarding title or possession, it is sufficient to observe that issue of ownership and validity of conveyance is purely a Civil dispute which cannot be gone in the present writ proceeding. It is further pertinent that in W.P.No.35183/2016, this Court has already quashed the very same preliminary and final notification dated 23.03.1998 and 19.10.1994 insofar as they pertain to the land in Sy.No.123/1, by holding that, the J.P. Nagar, 8th Stage scheme has lapsed in terms of the law laid down in the case of R. Adikesavulu Naidu and Others Vs.The State of Karnataka by its Secretary U.D.D and Others1 (Adikesavulu). Therefore, while the petitioners in W.P.No.9289/2025 cannot seek a parallel adjudication on the title in these proceedings, the benefit of quashing the 1 ILR 2011 KAR 3657 - 5 - HC-KAR NC: 2025:KHC:44199 WP No. 9289 of 2025 acquisition proceedings in W.P.No.35183/2016 shall enure to the extent of the lands covered by Sy.No.123/1 subject. However, final outcome of O.S.Nos.5501/2018, 695/2018 and 7445/2017, the right of the petitioners herein, if any, over the said properties will be determined by the Civil Court and such adjudication shall bind. Accordingly, the writ petition is disposed of. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 43.1