- 1 - HC-KAR NC: 2025:KHC:53887 WP No. 36929 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.36929 OF 2025 (LA-BDA) BETWEEN: MRS. BEVERLY MARY BERGER AGED ABOUT 60 YEARS W/O. MR. OCTAVE IVOR ANTHONY BRIGGS R/AT NO.611 B, RAILWAY QUARTERS, ARVIND NAGAR GUNTKAL, ANDRA PRADESH-515 801. ALSO PRESENTLY AT: 10, FAIRVIEW CLOSE, KEYSBOROUGH VIC 3173 AADHAR NO:5894 6027 7088 PASSPORT NO:PB2644274 (REPRESENTED BY HIS GPA HOLDER- GLEN DOMINIC BRIGGS S/O. O. BRIGGS AGED ABOUT 55 YEARS, R/AT NO.203, GROUND FLOOR, PRABHA VILLA 6TH MAIN, 2ND CROSS, NEAR RAJKUMAR PARK, KALYAN NAGAR, BANGALORE-560043. …PETITIONER (BY SRI SHRAVAN S. LOKRE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, REPRESENTED BY ITS SECRETARY, VIKAS SOUDHA, BANGALORE-560001. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53887 WP No. 36929 of 2025 2. THE BANGALORE DEVELOPMENT AUTHORITY, HAVING ITS HEAD OFFICE AT 5TH MAIN ROAD, KUMARAPARK WEST, GUTTAHALLI, BENGALURU-560020. REPRESENTED BY ITS COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, 5TH MAIN ROAD, KUMARAPARK WEST, GUTTAHALLI, BENGALURU-560020. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI N.R. GIRISHA, ADVOCATE FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY ISSUANCE OF WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE 2ND RESPONDENT TO CONSIDER THE REPRESENTATIONS ISSUED TO THE RESPONDENT NO.2 AND 3 UNDER THE PROVISIONS OF SECTION 38D OF THE BANGALORE DEVELOPMENT AUTHORITY ACT DATED 28-10-2025 AS PER ANNEXURE-A AND B AND ETC. 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 Learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri N. R. Girish, learned counsel is directed to accept notice for respondent Nos.2 and 3. 3. The petitioner is seeking for the following reliefs: - 3 - HC-KAR NC: 2025:KHC:53887 WP No. 36929 of 2025 “1. Direct by issuance of Writ in the nature of Mandamus, directing the 2nd Respondent to consider the Representation issued to the Respondent No.2 and 3 under the provisions of Section.38D of the Bangalore Development Authority Act dated 28-10-2025 as per Annexure-‘A’ and Annexure-‘B’; 2. Direct by issuance of Writ in the nature of Mandamus or any other Writ Directing the Respondent Nos.2 and 3 not take coercive steps and disturb the possession of the Petitioners from the schedule property till the consideration of the representation dated 28- 10-2025;. 3. Pass such other order as this Hon’ble Court may deem fit in the above Writ Petition in the interest of justice and equity.” 4. Heard the learned counsel for the parties and perused the material on record. 5. Learned counsel for the petitioner contends that the petitioner has been in occupation and enjoyment of the property bearing Site No.17 formed in converted land - 4 - HC-KAR NC: 2025:KHC:53887 WP No. 36929 of 2025 property bearing katha No.702 formed in land bearing Sy.No.17/10A, situated at Thanisandra Village, K.R. Puram Hobli, Bengaluru South Taluk, Bengaluru, for more than 30 years. The petitioner had submitted representation to respondent Nos.2 and 3–BDA, seeking regularization of such occupation under Section 38D of the Bangalore Development Authority Act, 1976 (hereinafter referred to as the ‘BDA Act’ for short). 6. It is contended that, despite submitting of the representations in October, 2025 (Annexures-A and B), the respondents have not yet considered or acted upon it. 7. Learned counsel for respondent Nos.2 and 3 submits that the petitioner’s representations would be duly considered in accordance with law, if a reasonable time is granted. 8. The submission is recorded. 9. In view of the above submission, the grievance would stand redressed if appropriate directions are issued - 5 - HC-KAR NC: 2025:KHC:53887 WP No. 36929 of 2025 to respondent Nos.2 and 3 to consider the representations expeditiously. 10. Accordingly, respondent Nos.2 and 3 are directed to consider and dispose of the petitioner’s representations dated 28.10.2025 (Annexures-A and B) in accordance with law, within an outer limit of two months from the date of receipt of a certified copy of this order. 11. It is further ordered that, until such consideration and decision, respondent Nos.2 and 3 shall not take any coercive steps against the petitioner or disturb his possession of the schedule property. 12. With these directions, the Writ Petition stands disposed of. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 20