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High Court of Karnataka · body

2025 DAILYLAW 77269 (KAR)

SRI. VENKATESH K v. THE STATE OF KARNATAKA

WP/16516/2023 · 2025-11-26

K S Hemalekha

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:49235 WP No. 16516 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.16516 OF 2023 (LA-UDA) BETWEEN: 1. SRI VENKATESH .K S/O LATE DODDA KAVERAPPA, AGED ABOUT 45 YEARS RESIDING AT NO.20, POOJA GARDEN MAIN ROAD, K CHANNASANDRA, HORAMAVU, BANGALORE NORTH, BANGALORE-560043. 2. SRI SIDDAPPA .D S/O LATE DODDA MUNICHANNAPPA, AGED ABOUT 36 YEARS, RESIDING AT NO.195, 2ND MAIN, 2ND CROSS, NEAR KATERAMMA TEMPLE, K CHANNASANDRA, HORAMAVU, BENGALURU-560043. 3. SRI MUNIRAJU S/O LATE CHIKKA MUNICHANNAPPA, AGED ABOUT 40 YEARS, RESIDING AT NO.50, 1ST CROSS NEAR AIRTEL TOWER, K CHANNASANDRA, HORAMAVU, BENGALURU-560043. 4. SRI MUNIKAVERAPPA .D S/O LATE DODDA BEERAPPA, AGED ABOUT 70 YEARS, RESIDING AT NO.39, NEW CHANNASANDRA CIRCLE, K CHANNASANDRA, HORAMAVU, Digitally signed by C K LATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49235 WP No. 16516 of 2023 BENGALURU-560043. 5. SMT. SIRIGAMMA S/O LATE DODDA PILLAPPA, AGED ABOUT 58 YEARS, RESIDING AT NO.29, K CHANNASANDRA, HORAMAVU, BENGALURU-560043. 6. SRI MUNIKRISHNAPPA S/O LATE SANJEEVAPPA, AGED ABOUT 49 YEARS, RESIDING AT NO.54, K CHANNASANDRA, KALKERE, BENGALURU-560043. 7. SRI N. DINESH S/O LATE NASRAYANAPPA, AGED ABOUT 43 YEARS, RESIDING AT NO.33, K CHANNASANDRA, HORAMAVU, BENGALURU-560043. 8. SRI SHIVAPRASAD S/O LATE NARAYANAPPA, AGED ABOUT 30 YEARS, RESIDING AT NO.33, K CHANNASANDRA, HORAMAVU, BENGALURU-560043 ALL THE PETITIIONERS REP. BY THEIR GPA HOLDER SRI R. HARISH S/O LATE B.L. RAJAGOPALACHAR, AGED ABOUT 41 YEARS, R/AT NO.15, NEAR AMARAJYOTHI COLLEGE, LAKSHMIPURA LAYOUT, BANGALORE NORTH, BENGALURU-560036. …PETITIONERS (BY SRI KRISHNA MURTHY N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, - 3 - HC-KAR NC: 2025:KHC:49235 WP No. 16516 of 2023 REP. BY PRINCIPAL SECRETARY, 4TH FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, HUDSON CIRCLE, BENGALURU-560002. 3. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU-560020. 4. THE DEPUTY COMMISSIONER, LAND ACQUISITION, BBMP, T.D.R. SECTION, ANNEXE BUILDING, 1ST FLOOR, BENGALURU-560002. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI PRADEEP PATIL, ADVOCATE FOR SRI K.B. MONESH KUMAR, ADVOCATE FOR R-2 & R-4; SRI LAKSHMEESH RAO, ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO ISSUE DRC IN RESPECT OF 0.06 GUNTAS AT TWO TIMES AS PER THE AMENDED KTCP ACT AT THE PRESENT MARKET RATE; DIRECT THE RESPONDENTS TO FIX PRICE AT THE PRESENT MARKET RATE AS PER THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY ACT FOR AN AREA OF 0.06 GUNTAS OF LAND IN SY.NO.64/3 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 - 4 - HC-KAR NC: 2025:KHC:49235 WP No. 16516 of 2023 ORAL ORDER The petitioners have approached this Court seeking for the following reliefs: a) Issue order or direction or writ in the nature of mandamus or any other writ directing the Respondents to issue DRC in respect of 0.06 Guntas at two times as per the amended KTCP Act at the present market rate. b) Issue order or direction or writ in the nature of mandamus or any other writ directing the Respondents to fix price at the present market rate as per the Right to Fair Compensation and Transparency Act for an area of 0.06 Guntas of Land in Sy.No.64/3. c) Issue order or direction or writ in the nature of mandamus calling for the entire records/ reports prior to acquisition and formation of public road in respect of Sy.No64/3 of K Channasandra Village, K.R.Puram Hobli, Bangalore East Taluk. d) Issue order or any other writ directing the Respondents to pay damages in respect of 0.06 Guntas of land belonging to the Petitioners in - 5 - HC-KAR NC: 2025:KHC:49235 WP No. 16516 of 2023 K.Channasandra Village, K.R.Puram Hobli, Bangalore East Taluk. c) Grant such other relief as this Hon'ble Court deems fit to grant in the facts and circumstances, including the cost of the proceedings, in the interest of justice and equity.” 2. The petitioners claim to be the owners of the land in Sy.No.64/3 measuring 6 meters of land situated at K. Channasandra Village, K.R. Puram Hobli, Bengaluru East Taluk and that respondent Nos.2 and 4, without following the procedure prescribed under Section 14B of the Karnataka Town and Country Planning Act, 1961 (“KTCP Act” for short), have formed a public road over their land without issuing notice or following due process. Learned counsel for the petitioners submits that, despite petitioners submitting a representation, no action has been taken. - 6 - HC-KAR NC: 2025:KHC:49235 WP No. 16516 of 2023 3. Learned counsel for the respondents submits that representation submitted will be considered in accordance with law. 4. In view of the submissions, without expressing merits or demerits of the claim of the petitioners, this Court pass the following: ORDER i. The writ petition is disposed of. ii. Respondent-authority is directed to consider the petitioners’ representation dated as 20.01.2023, bearing in mind the Government notification dated 23.09.2022 and take appropriate action in accordance with law. iii. Complete the entire process within a period of six months from the date of receipt of the copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 17