- 1 - HC-KAR NC: 2025:KHC:28283 WP No. 13617 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 13617 OF 2025 (LA-BDA) BETWEEN: 1. SMT. K. SHANTHAMMA W/O M. CHANDRASHEKAR AGED ABOUT 73 YEARS 2. SMT. S. SWATHI D/O G.R. SRINIVAS MURTHY AGED ABOUT 36 YEARS BOTH ARE RESIDING AT AT SY. NO. 93 ON THEIR RESPECTIVE HOUSES, AT KANNALLI VILLAGE, KODIGEHALLI GRAMA PANCHAYATI, YESHVANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 560 092. …PETITIONERS (BY SMT. CHARISHMA, ADVOCATE FOR SRI. L VENKATARAMA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VIDHANA SOUDHA BENGALURU - 560 001 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28283 WP No. 13617 of 2025 KUMARA PARK WEST T. CHOWDAIAH ROAD BENGALURU – 560 020 3. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST T. CHOWDAIAH ROAD BENGALURU - 560 020 …RESPONDENTS (BY SRI. RASHMI RAO, HCGP FOR R1 SRI. B. LETHIF, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS FROM RESPONDENTS. B) RESTRAINING THE RESPONDENTS OR ANY PERSON CLAIMING THROUGH THEM FROM DISPOSSESSING OR DEMOLISHING THE HOUSES CONSTRUCTED BY THE PETITIONERS OVER THE SCHEDULE PROPERTIES 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 M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “a. Call for records from respondents. b. Issue an order, direction, writ or writ in the nature of prohibition restraining the respondents or any persons claiming through them from dispossessing - 3 - HC-KAR NC: 2025:KHC:28283 WP No. 13617 of 2025 or demolishing the houses constructed by the petitioners over the Schedule Properties. c. Direct the respondents to regularise the Schedule Properties in favour of petitioners.” 2. Heard Smt. Charishma, learned counsel for Sri L. Venkatarama Reddy, learned counsel for petitioners and Smt.Rashmi Rao, learned High Court Government Pleader for respondent No.1 and Sri B. Lethif, learned counsel for respondent Nos.2 and 3. 3. The learned counsel for the petitioners submits that an identical prayer is considered by a co-ordinate bench of this Court in W.P.NO.30147/2024, DISPOSED ON 21.01.2023, wherein certain directions are issued. The order reads as follows: "3. Sri. Gowthamdev C. Ullal, learned counsel for the respondent-BDA refers to the judgment and order dated 22.02.2024, passed by the Division Bench of this Court in W.A.No.1783/2014 and other connected matters, wherein the Division Bench of this Court at paragraph Nos. b) and c) of the operative portion of the order has issued the following directions: - 4 - HC-KAR NC: 2025:KHC:28283 WP No. 13617 of 2025 ''b) Insofar as the site owners who have not made an application as contemplated in para (iii)(a) hereinabove: i) They shall register themselves for allotment under the BDA (Allotment of Sites) Rules, 1984 within three months from today by paying the registration fee. However, payment of initial deposit by them is exempted. The necessary documents along with the said applications are also to be filed to enable the BDA to verify the same; ii) The BDA shall treat the applicants as being entitled for priority allotment and allot each of them a site measuring 30x40 feet in the Nadaprabhu Kempegowda Layout at the prevailing allotment prices subject to the applicants satisfying the dual requirements of allotment under the Rules that they must be the residents of Bengaluru (for 10 years) and should not be owning any residential property Bengaluru; iii) In case the applicants/writ petitioners do not fulfill the requirements for allotment under the Rules, 1984 they may be considered for allotment of 20x30 feet sites as per the Bangalore Development Authority (Incentive Scheme for Voluntary Surrender of Land) Rules, 1989; c) Insofar as the owners of residential sites who form part of a layout and who have sought for dropping their lands from acquisition in accordance with para (iii)(a) hereinabove, the BDA shall consider the same having regard to the observations made at para 66 hereinabove. If the BDA rejects their applications, the site owners who have first filed applications pursuant to para (iii)(a) hereinabove, shall - 5 - HC-KAR NC: 2025:KHC:28283 WP No. 13617 of 2025 be entitled to a further period of one month after the decision as contemplated therein is intimated to opt to and apply in the manner as contemplated in para (iii)(b) hereinabove.'' 4. Sri. Vigneshwara. U, learned counsel for the petitioners does not dispute the same. He however submits that liberty be reserved to the petitioners to file application as envisaged in the aforesaid order of the Division Bench of this Court and a direction be issued to the respondent- BDA to consider the same in a time bound manner. 5. Submissions taken on record. 6. Petition is disposed of reserving liberty to the petitioners to file necessary application seek remedy as provided and reserved by the Division Bench of this Court in the aforesaid order within an outer limit of 30 days from the date of receipt of certified copy of this order. 7. The respondent-BDA shall consider the application of the petitioners individually and on petitioners complying/satisfying requirement as provided under law and as observed by Division Bench in the aforesaid order and pass appropriate orders within the period as contemplated thereunder. 8. In the meanwhile respondent-BDA shall not take any precipitate action against the petitioners until determination of the representation as directed above." 4. Sri B. Lethif, learned counsel for respondent Nos.2 and 3 submits that the judgment relied by the petitioners though covers the issue in the lis, there is no representation submitted by the petitioners. - 6 - HC-KAR NC: 2025:KHC:28283 WP No. 13617 of 2025 5. Learned counsel for the petitioners submits that if three weeks time is granted, a representation would be submitted to respondent Nos.2 and 3 – Bengaluru Development Authority (for short ‘the BDA’). 6. In the event, the representation is submitted within three weeks, the BDA shall take a decision on the representation in terms of the order passed by the co-ordinate bench (supra) and pass necessary orders thereon, in accordance with law and communicate the orders so passed within twelve weeks thereafter. 7. With the aforesaid direction, writ petition stands disposed. Till the consideration of representation happens at the hands of the BDA, no precipitative action shall be taken against the petitioners. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 95