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2025 DAILYLAW 84012 (KAR)

SMT CHIKKATHAYAPPA v. STATE OF KARNATAKA

WP/37958/2025 · 2025-12-19

K S Hemalekha

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54536 WP No. 37958 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 37958 OF 2025 (LA-BDA) BETWEEN: 1. SMT CHIKKATHAYAPPA S/O MUNIYAPPA AGED ABOUT 57 YEARS 2. SRI.MANJUNATHA.M S/O LATE MUNIYAPPA AGED ABOUT 46 YEARS 3. SRI. J. MOHAN S/O JAYARAMAIAH AGED ABOUT 44 YEARS 4. SMT. PADMA.J.B W/O LATE SURESH AGED ABOUT 45 YEARS 5. SMT. JAYAMMA W/O BABU AGED ABOUT 50 YEARS 6. SRI.MUNIRATHNA S/O LATE. MUNISHAMAPPA .G AGED ABOUT 37 YEARS 7. SRI. A.P.VENKATESH S/O PILLANANJAPPA AGED ABOUT 60 YEARS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54536 WP No. 37958 of 2025 8. SRI. RAMESH S/O LATE. NARASHIMAIAH AGED ABOUT 38 YEARS 9. SMT. GANGALAKSHMAMMA W/O NARAYANASWAMY AGED ABOUT 38 YEARS 10. SMT. SUNANDAMMA W/O CHAMARAJN AGED ABOUT 56 YEARS 11. SMT. RATHNAMMA W/O KALLAPPA AGED ABOUT 53 YEARS 12. SMT. LAXMAMMA W/O VARADAPPA AGED ABOUT 60 YEARS 13. SRI. AMARANATHA S/O CHIKKAUTHAPPPA AGED ABOUT 44 YEARS 14. SRI. M.VENKATESH S/O LATE MUNIVENKATAPPA AGED ABOUT 52 YEARS 15. SRI. MUNIRAJU. M S/O MUNISWAMY AGED ABOUT 68 YEARS 16. SMT. SAROJAMMA W/O M.MUNIRAJU AGED ABOUT 50 YEARS - 3 - HC-KAR NC: 2025:KHC:54536 WP No. 37958 of 2025 17. SMT. BHARATHAMMA W/O NARAYANA SWAMY AGED ABOUT 55 YEARS 18. SRI. BHASKAR S/O ERANNA AGED ABOUT 45 YEARS 19. SRI. CHANDRU S/O MUNIYAPPA AGED ABOUT 35 YEARS 20. SRI.RAVI. R S/O LATE MARIYAPPA AGED ABOUT 50 YEARS 21. SRI. RAJU S/O. DASAPPA AGED ABOUT 60 YEARS 22. SMT. MANJULA.B.M W/O. LATE. NAGARAJU AGED ABOUT 50 YEARS 23. SRI MURALIDHAR S/O MUNIKALLAPPA AGED ABOUT 45 YEARS 24. SRI. MALLIKARJUN S/O. EASHWAR AGED ABOUT 60 YEARS 25. SRI. RAVI KUMAR M S/O. RAMAPPA AGED ABOUT 50 YEARS - 4 - HC-KAR NC: 2025:KHC:54536 WP No. 37958 of 2025 26. SMT. K.S. VANITHA W/O PRABHAKAR AGED ABOUT 52 YEARS 27. SMT. NAVEENA K.P W/O MOOGUDDAYA. B. C AGED ABOUT 35 YEARS ALL ARE RESIDING AT NO.10, OPPOSITE ROAD OF SHIVA TEMPLE, NEAR SLV VIDYANIKETHAN SCHOOL, AMRUTHALLI, BENGALURU NORTH, BENGALURU - 560 094 …PETITIONERS (BY SRI. SAMPATH A., ADVOCATE) AND: 1. STATE OF KARNATAKA REPTD. BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU - 560 001 2. BENGALURU DEVELOPMENT AUTHORITY REPTD. BY ITS COMMISSIONER CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. 3. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, CHOWDAIAH ROAD, BENGALURU-560 0020. …RESPONDENTS (BY SRI. RAJKUMAR M., AGA FOR R1; SRI. VASANTHA, ADVOCATE FOR R2 AND R3) - 5 - HC-KAR NC: 2025:KHC:54536 WP No. 37958 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-PERMIT THE PETITIONERS TO APPROACH THE COMMITTEE CONSTITUTED BY THIS HONORABLE COURT BY AN ORDER DATED 21.09.2021 IN WP NO. 51929/2014 VIDE ANNX-A SO FAR AS PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners have approached this Court seeking permission to approach the Committee constituted by this Court by an order dated 27.09.2021 in W.P. No.51929/2014 and connected matters. The said Committee was constituted pursuant to the order in the case of Sri. K.P.Anjanappa -vs- State of Karnataka and Others1 (K.P.Anjanappa) and is headed by Hon’ble Justice K.N.Keshavanarayana (Retired) (hereinafter referred to as ‘the Committee’) . 1 W.P No.51929/2014 and connected petitions, DD 27.09.2021 - 6 - HC-KAR NC: 2025:KHC:54536 WP No. 37958 of 2025 2. The petitioners claim to be revenue site owners in respect of sites carved out of land bearing Survey No. 77/1 measuring 1 Acre 0-17 guntas situated at Amruthahalli village, Yelahanka Hobli, Bengaluru North Taluk. The said land was acquired by the Bangalore Development Authority (BDA) for the formation of Arkavati Layout. 3. The learned counsel for the petitioners submits that the petitioners could not submit their representation before the Committee at the relevant point of time and therefore, seek liberty to submit representation now for redressal of their grievances in terms of the directions issued in K.P.Anjanappa’s case (supra). 4. The learned counsel appearing for the BDA does not dispute the constitution of the Committee nor the fact that similarly placed persons have been granted liberty by this Court to approach the Committee. 5. Both learned counsels fairly submit that in identical circumstances, this Court in T.A Kantharaju -vs- State of Karnataka and Others WP 21209/2023, DD 21.09.2023, - 7 - HC-KAR NC: 2025:KHC:54536 WP No. 37958 of 2025 disposed of the petition by reserving liberty to the petitioner therein to submit representation before the Committee seeking redressal of his grievances and until such consideration of such representation by the Committee, no precipitative or coercive action to be taken. 6. The petitioners herein being similarly placed, the writ petition is disposed of, reserving liberty to the petitioners to submit their representations before the committee headed by Hon’ble Justice K.N.Keshavanarayana for redressal of their grievances. Until such representations are considered by the committee, no precipitative or coercive action shall be taken by the BDA in respect of the schedule property. All contentions are kept open. Sd/- _____________________ JUSTICE K.S. HEMALEKHA VS List No.: 1 Sl No.: 16 CT-PS