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2025 DAILYLAW 80113 (KAR)

KANYAKUMAR v. THE STATE OF KARNATAKA

WP/24367/2025 · 2025-10-23

M Nagaprasanna, R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41872-DB WP No. 24367 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. 24367 OF 2025 (LA-BDA) BETWEEN: 1. KANYAKUMAR S/O MUNIRAJANNA AGE ABOUT 58 YEARS 2. SMT SUMA W/O KANYAKUMAR AGE ABOUT 48 YEARS 3. LIKITH S/O KANYAKUMAR AGE ABOUT 31 YEARS 4. SMT NIRMALA W/O LATE ANANTH AGE ABOUT 51 YEARS 5. CHIRANTHAN S/O LATE SUBRAMANI AGE ABOUT 20 YEARS 6. VEDHESH GOWDA S Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41872-DB WP No. 24367 of 2025 S/O LATE SUBRAMANI AGE ABOUT 16 YEARS SINCE MINOR REP BY HIS MOTHER AS NATURAL GUARDIAN SMT. RAJANI 7. SMT CHANDRAKALA D/O MUNIRAJANNA AGE ABOUT 52 YEARS 8. MUNEGOWDA S/O LATE SUBBARAYAPPA AGE ABOUT 69 YEARS 9. SMT SUMITHRA W/O MUNEGOWDA AGE ABOUT58 YEARS 10. SMT.SHILPA D/O MUNEGOWDA AGED ABOUT 35 YEARS 11. SMT PAVITHRA D/O MUNEGOWDA AGED ABOUT 33 YEARS 12. SMT YASHODHA D/O MUNEGOWDA AGED ABOUT 31 YEARS ALL ARE R/AT, NAGENAHALLI, SINGANAYAKANAHALLI (P) YALAHANKA HOBLI, YALAHANKA TALUK, BENGALURU 560 064 REPRESENTED BY GPA HOLDER SMT. RENUKA B K - 3 - HC-KAR NC: 2025:KHC:41872-DB WP No. 24367 of 2025 W/O K.CHANDRASHEKAR AGED ABOUT 55 YEARS R/AT NO. 10, RENAISSANCE PROSPERO, NEAR PROLIFE HOSPITAL, BELLARI ROAD, BYATARAYANAPURA, BENGALURU - 560092 …PETITIONERS (BY SRI. RAVIKUMAR G H., ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT REP. BY PRINCIPAL SECRETARY VIKAS SOUDHA, AMBEDKAR VEEDI BENGALURU - 560 001. 2. BANGALORE DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. 3. SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020 …RESPONDENTS (BY SRI.M.RAJAKUMAR G.H., AGA FOR R1 SRI. SHIVAPRASAD.M. SHANTANAGOUDAR., ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER DIRECTING THE RESPONDENT No. 2 AND 3 TO GIVE - 4 - HC-KAR NC: 2025:KHC:41872-DB WP No. 24367 of 2025 THE COMPENSATION TO THE PETITIONERS BY WAY OF ALLOTTING THE DEVELOPED LAND/SITE UNDER 60-40 SCHEME IN THE PETITIONERS LAND ITSELF i.e., Sy. No. 57/4A, AVALAHALLI VILLAGE, YELAHANKA HOBLI, YELAHANKA TALUK, BENGALURU OR NEIGHBOURING LAND, AS PER ANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, 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 petitioners are before this Court seeking the following prayers: (i) Issue writ of mandamus or any other appropriate writ or order directing the Respondent No.2 and 3 to give the compensation to the petitioners by way of allotting the developed land/sites under 60:40 scheme in the petitioner’s land i.e Sy.No.66/11, Harohalli Village, Yalahanka Hobli, Yalahanka Taluk, Bengaluru or neighboring land, vide Annexure-J & L. - 5 - HC-KAR NC: 2025:KHC:41872-DB WP No. 24367 of 2025 (ii) Issue writ of Mandamus or any other appropriate writ or order directing the Respondent No.2 and 3 to allot sites to third party public only after giving the compensation to the petitioners by way of allotting the sites of the petitioner’s choice under 60:40 scheme in the petitioner’s land. (iii) Grant any other relief/reliefs as this Hon’ble Court deems fit to the ends of justice. 2. This Court in terms of the order dated 24.09.2025 passed in W.A.No.252/2017 had permitted the Bangalore Development Authority to entertain the applications of land losers for allotment of sites. The present petitioners are also seeking the same prayers with regard to allotment of site. 3. Learned counsel appearing for the Bangalore Development Authority submits that in view of the status- quo order operating in all these cases no further steps were taken and now that this Court had permitted the Bangalore Development Authority to entertain the applications of the land losers and sites to be allotted to - 6 - HC-KAR NC: 2025:KHC:41872-DB WP No. 24367 of 2025 the land losers. The case of the petitioners is also to be taken up and grievance of the petitioners is to be redressed. 4. In the light of the submissions of the learned counsels, we are of the opinion that matter could be disposed of, with a direction to the Bangalore Development Authority to take necessary steps in regard to the grievance of the petitioner, in accordance with the scheme without brooking any further delay and at any rate within a period of eight weeks from the date of receipt of a certified copy of this order. Sd/- (R DEVDAS) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE KLY CT: JL