Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44050 WP No. 26528 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.26528 OF 2025 (LA-BDA)
BETWEEN:
SMT. GEETHA W/O LATE KEMPEER NAIK, AGED ABOUT 73 YEARS, R/AT HOUSE NO.52, “NAYAK NIVASA”, 1ST MAIN ROAD, 6TH A CROSS, HANUMANTHAPURA, TUMKUR-572133.
…PETITIONER
(BY SRI RAVIKUMARA B.R., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDINGS, BANGALORE.
BY ITS SECRETARY.
2.
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD,
KUMARAPARK WEST,
BANGALORE-560 020.
3.
THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD,
KUMARAPARK WEST,
BANGALORE-560 020.
…RESPONDENTS
(BY SRI HARISHA A.S., AGA FOR R-1;
SRI K. KRISHNA, ADVOCATE FOR R-2 & R-3)
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:44050 WP No. 26528 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO QUASH THE ENDORSEMENT DATED 13.08.2025 ISSUED BY THE 3RD RESPONDENT (ANNEXURE -B) VIDE NO.BEN.A.PRA/VIBHUSWA.AA- 5/221/2025-26 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
ORAL ORDER
Heard learned counsel for the petitioner, learned Additional Government Advocate for respondent No.1 and
learned counsel appearing for the respondents 2 and 3. Perused the material on record.
2.
Learned counsel for the petitioner submits that the issue involved in this Writ Petition is squarely covered and answered by the decisions of the Co-ordinate Bench of this Court in the following Writ Petitions: (i) Sri.Manjunatha K.G. vs. State of Karnataka and Others1 (ii) SRI. B.Ramachandra Babu vs. State of Karnataka and Others2
1 W.P.No.8296/2025 -DD 20.03.2025
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HC-KAR NC: 2025:KHC:44050 WP No. 26528 of 2025
3. In the aforesaid decisions, the respondents were directed to place the applications/representations of the petitioners therein before Hon'ble Bopaiah's Committee, and the impugned endorsements in those cases were quashed. Therefore, learned counsel for the petitioner submits that similar relief be granted in this Writ Petition as well.
4.
Learned counsel appearing for the respondents does not dispute the legal position laid down in the aforementioned decisions and submit that the petitioner's applications/representations will also be placed before the said Committee. Paragraph Nos.2 to 4 in Sri.Manjunatha K.G. (supra), is extracted below for ready reference:
"2. Though the matter is coming up for preliminary hearing on fresh matters with the consent of the learned counsel for the petitioner as well as the learned counsel for the respondents, the matter is taken up for final disposal.
2 WRIT PETITION NO. 19233 OF 2025 - DD 15.07.2025
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HC-KAR NC: 2025:KHC:44050 WP No. 26528 of 2025
3. Learned counsel for the petitioner submits that the petitioner is seeking similar relief as was granted in W.P.No.27997/2024 dated 24.02.2025.
Learned counsel submits that the petitioner is the owner of a revenue site, property bearing No.16 in Doddabettahalli Grama Panchayat Katha No.36, situated at Vaderahalli Village, Yelahanka Hobli, Bangalore North Taluk. The petitioner seeks an opportunity to appear before the Hon'ble Bopaiah's Committee, which was constituted after following the directions issued by the Hon'ble Apex Court in the matter of 'Dr.Shivaram Karanth Layout'. It is pointed out from the said
order in WP.No.27997/2024 that this Court noticed the directions issued by the Division Bench in W.P.No.14609/2023 dated 11.07.2024, whereby four weeks time was granted to the BDA to publish information, both in print and electronic media, to apprise all such persons who claim to have revenue sites in the land notified for the formation of 'Dr.Shivaram Karanth Layout'. Further, all such persons were permitted to approach the Committee with grievance, and the Committee was
directed to consider such grievance for allotment of alternative sites. However, when the petitioner made an application on 13.02.2025 through the- Bangalore Development Authority, the impugned endorsement dated 07.03.2025 is issued.
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HC-KAR NC: 2025:KHC:44050 WP No. 26528 of 2025
4. Accepting the submissions of learned counsel for petitioner, the writ petition stands
disposed of. The endorsement dated 07.03.2025 issued by respondent No.3 at Annexure-F is hereby quashed. The respondent Nos.2 and 3 are directed to place the application at Annexure-E dated 22.01.2025 before the Hon'ble Bopaiah's Committee for consideration in terms of the directions issued by the Division Bench. As and when the application is placed before the Committee, the Committee is requested to consider and dispose of the same in accordance with law."
5. Considering the submission of the learned counsels and the settled position of law, this Court pass the following:
ORDER (i) The Writ Petition is allowed. (ii) The impugned endorsement dated 13.08.2025 issued by respondent No.3 at Annexure-B is hereby set-aside.
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HC-KAR NC: 2025:KHC:44050 WP No. 26528 of 2025
(iii) Respondent Nos.2 and 3 are directed to place the petitioner's applications dated 30.07.2025 (Annexure-A), 27.01.2009 (Annexure-K) and 14.06.2010 (Annexure- M) before Hon'ble Bopaiah's Committee for consideration in terms of the directions issued in the case of Sri.Yashpal D.V. and Others vs. The Bangalore Development Authority and Others3, within an outer limit of two weeks from the date of receipt of the certified copy of this order. When such applications are placed before the Committee, the Committee to consider and dispose of the same in accordance with law.
Sd/- _____________________ JUSTICE K.S. HEMALEKHA
CKL List No.: 1 Sl No.: 91
3 W.P.No.27997/2024, D.D.24.02.2025