- 1 - HC-KAR NC: 2025:KHC:46330 WP No. 11643 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.11643 OF 2024 (LA-BDA) BETWEEN: 1. SMT. ASHWATHAMMA W/O LATE S. PADMAIAH, AGED ABOUT 71 YEARS, 2. SMT. P. MAMATHA D/O LATE S. PADMAIAH, AGED ABOUT 52 YEARS, 3. SRI SREENIVASARAJU D/O LATE S. PADMAIAH, AGED ABOUT 49 YEARS, ALL ARE R/AT NO.68, NEAR KAATARANAGUDI, GANIGARAHALLI, CHIKKA BANAVARA MAIN ROAD, BENGALURU-560090. …PETITIONERS (BY SRI CHANDRAIAH, ADVOCATE) AND: 1. THE BANGALURU DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, KUMARA PARK, BENGALURU-560020. 2. THE LAND ACQUISITION OFFICER, SHIVARAMA KARANTHA BADAVANE, THE BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK, BENGALURU-560020. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46330 WP No. 11643 of 2024 3. SRI VENKATESHAIAH S/O LATE HANUMANTHARAYAPPA, AGED ABOUT 67 YEARS, R/AT BESIDE DX MAX APARTMENT, GANIGARAHALLI, CHIKKA BANAVARA POST, BENGALURU-560090. 4. SRI KRISHNAPPA .H S/O LATE HANUMANTHARAYAPPA, AGED ABOUT 65 YEARS, R/AT GANIGARAHALLI, CHIKKA BANAVARA POST, BENGALURU-560090. 5. SRI SURESH RAJU .H S/O LATE HANUMANTHARAYAPPA, AGED ABOUT 56 YEARS, R/AT NO.54, 4TH MAIN ROAD, 4TH CROSS, SIR M.V. NAGARA, RAMAMURTHY NAGARA, BENGALURU-560016. …RESPONDENTS (BY SRI MURUGESH V. CHARATI, ADVOCATE FOR R-1 & R-2; SMT. R. RADHA, ADVOCATE FOR R-3 TO R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION, DIRECTING THE RESPONDENT NO.2 TO DIRECT THE PETITIONERS AND RESPONDENT NOS.3 TO 5 TO GET ADJUDICATE THEIR RIGHTS OVER ACQUIRED LAND, IN O.S.NO.1259/2023 ANNEXURE-F, PENDING ON THE FILE OF THE IV ADDL. CIVIL JUDGE, BENGALURU RURAL, AT BENGALURU, BY STOPPING THE FURTHER PROCEEDINGS OF THE CASE IN NO.BEN AA PRA /BHOO SWA AA/550/2023-24 DATED 10.01.2024 ANNEXURE-A. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:46330 WP No. 11643 of 2024 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners have approached this Court seeking for the following reliefs : a) Issue a writ in the nature of mandamus or any other writ, order or direction, directing the respondent No.2 to direct the petitioners and respondent Nos.3 to 5 to get adjudicate their rights over acquired land, in O.S.No.1259/2023 Annexure-F, pending on the file of the IV Addl. Civil Judge, Bengaluru Rural, at Bengaluru, by stopping the further proceedings of the Case in No.BEN AA PRA /BHOO SWA AA/550/2023-24 dated 10.01.2024 Annexure-A. b) Issue any other writ, order or direction and such other order or direction as this Hon’ble Court may deems fit to be granted under the facts and circumstance of the case, in the interest of justice and equity. 2. Heard learned counsel for the petitioners, learned counsel for respondent Nos.1 and 2-Bengaluru Development Authority (BDA) and learned counsel for respondent Nos. 3 to 5. - 4 - HC-KAR NC: 2025:KHC:46330 WP No. 11643 of 2024 3. The undisputed facts reveal that the husband of petitioner No.1 and the father of petitioners 2 and 3 had executed a sale deed in respect of Sy. No. 59/5 in favour of Hanumantharayappa, father of respondent Nos. 3 to 5 on 28.06.1974. It is the case of the petitioners that Hanumantharayappa subsequently executed an agreement to reconvey the property in favour of S.Padmaiah (husband of petitioner No.1 and father of petitioner Nos. 2 and 3) on 25.01.1981. 4. Respondent No.2 on 10.01.2022 notified to acquire the said land. The petitioners filed O.S.No. 1259/2023 seeking declaration of title in respect of the said land and also specific performance of the agreement dated 25.01.1981. The said suit is pending adjudication before the competent Civil Court. 5. Since the rights of the parties over the acquired land are already the subject matter of adjudication before the Civil Court in OS No. 1259/ 2023, the disbursement of - 5 - HC-KAR NC: 2025:KHC:46330 WP No. 11643 of 2024 compensation in respect of the acquired land extent measuring 35 guntas of Sy No. 59/5 shall be necessarily subject to the final outcome of the original suit 1259/2023, which is pending adjudication before the competent Civil Court. Accordingly, the Writ Petition stands disposed of reserving liberty to the parties to work out their remedies in accordance with law. Sd/- ______________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 28