- 1 - HC-KAR NC: 2025:KHC:46653 WP No. 32604 of 2025 C/W WP No. 32105 of 2025 WP No. 32262 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.32604 OF 2025 (LA-BDA) C/W WRIT PETITION NO.32105 OF 2025 (LA-BDA) WRIT PETITION NO.32262 OF 2025 (LA-BDA) IN W.P. NO.32604/2025 BETWEEN: DR. KUMAR KOPPA S/O LATE RAMADASU, AGED ABOUT 59 YEARS, RESIDING AT MADDUR TALUK, MANDYA DISTRICT-571 425. …PETITIONER (BY SRI MADHUSUDHAN J., ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. 2. THE SPECIAL LAND ACQUISITION OFFICER BANGALROE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560 020. 3. SRI MUNIKRISHNA S/O LATE MURARI, RESIDING AT GANAKALLU VILLAGE, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46653 WP No. 32604 of 2025 C/W WP No. 32105 of 2025 WP No. 32262 of 2025 KENGERI HOBLI, BANGALORE SOUTH TALUK-560 060. …RESPONDENTS (BY SRI. B. VASANTHA, ADVOCATE FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BDA TO CONSIDER THE REPRESENTATION DATED 30.09.2025 (ANNEXURE-H) IN ACCORDANCE WITH LAW; DIRECT THE RESPONDENT BDA TO CONSIDER THE LEGAL NOTICE DATED 09.10.2025 (ANNEXURE-J) IN ACCORDANCE WITH LAW. IN W.P. NO.32105/2025 BETWEEN: SMT. KRUTHIKA M.S. D/O SHIVARAMAIAH, AGED ABOUT 36 YEARS, R/AT NO.255, BANGALORE SOUTH, RAJARAJESHWARINAGAR, BANGALORE-560098. ...PETITIONER (BY SRI MADHUSUDHAN J., ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. 2. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560 020. 3. SRI RAMNARAYAN S/O SADAPPA, RESIDING AT GANAKALLU VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK-560060. - 3 - HC-KAR NC: 2025:KHC:46653 WP No. 32604 of 2025 C/W WP No. 32105 of 2025 WP No. 32262 of 2025 4. SRI E.N. SHIVANANDA, S/O. NAGARAJU, RESIDING AT NO.1, 5TH CROSS, SYNDICATE BANK COLONY, BANGALORE-560079. 5. SRI E.H. LAKSHMANA S/O LATE HONGAPPA, RESIDING AT NO.1, 5TH CROSS, SYNDICATE BANK COLONY, BANGALORE-560079. ...RESPONDENTS (BY SRI C. VENKATESH, ADVOCATE FOR R-1 & R-2; V/O. DATED 30.10.2025 NOTICE TO R-3 TO R-5 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BDA TO CONSIDER THE REPRESENTATION DATED 11.09.2025 (ANNEXURE-H), IN ACCORDANCE WITH LAW AND ETC. IN W.P. NO.32262/2025 BETWEEN: SRI D.H. HONNEGOWDA AGED ABOUT 71 YEARS, S/O D.L. HONNEGOWDA, RESIDING AT #205, 9TH MAIN ROAD, NEAR CHANDRA LAYOUT WATER SUPPLY OFFICE, BCC LAYOUT 2ND STAGE, VIJAYNAGARA, BANGALORE-560040. ...PETITIONER (BY SRI MADHUSUDHAN J., ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. 2. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY - 4 - HC-KAR NC: 2025:KHC:46653 WP No. 32604 of 2025 C/W WP No. 32105 of 2025 WP No. 32262 of 2025 KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560 020. 3. SRI. RAMNARAYAN S/O SADAPPA, RESIDING AT GANAKALLU VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK-560060. 4. SRI MUNIKRISHNA S/O LATE MURARI, RESIDING AT GANAKALLU VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK-560060. 5. SRI SANTHOSH KUMAR C.P. S/O LATE C.P. CHOODIAH, RESIDING AT #244, ANCHEKERI, KENGERI, BANGALORE-560060. 6. SRI E.N. SHIVANANDA, S/O. NAGARAJU, RESIDING AT NO.1, 5TH CROSS, SYNDICATE BANK COLONY, BANGALORE-560079. 7. SRI E.H. LAKSHMANA S/O LATE HONGAPPA, RESIDING AT NO.1, 5TH CROSS, SYNDICATE BANK COLONY, BANGALORE-560079. ...RESPONDENTS (BY SRI C. VENKATESH, ADVOCATE FOR R-1 & R-2; V/O. DATED 30.10.2025 NOTICE TO R-3 TO R-7 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT BDA TO CONSIDER THE REPRESENTATION DATED 11.09.2025 (ANNEXURE-J) IN ACCORDANCE WITH LAW AND ETC. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 5 - HC-KAR NC: 2025:KHC:46653 WP No. 32604 of 2025 C/W WP No. 32105 of 2025 WP No. 32262 of 2025 ORAL ORDER Since common questions are involved, all these writ petitions are taken up together. 2. Heard the learned counsel for the petitioner and learned counsel for the respondents. Perused the material on record. Brief facts: 3. In W.P. No.32604/2025, respondent No.3- Munikrishna was the erstwhile owner of the vacant land bearing Survey No.13 and Re-survey No.13/1B approximately measuring 4 acres situated in Ganakallu Village, Kengeri Hobli, Bengaluru South Taluk. 4. In W.P. No.32105/2025, respondent No.3- Ramnarayan was the erstwhile owner of the vacant land bearing Survey No.13 and Re-survey No.13/1B approximately measuring 4 acres situated in Ganakallu Village, Kengeri Hobli, Bengaluru South Taluk. - 6 - HC-KAR NC: 2025:KHC:46653 WP No. 32604 of 2025 C/W WP No. 32105 of 2025 WP No. 32262 of 2025 5. In W.P. No.32262/2025, respondent No.3- Ramnarayan, respondent No.4-Munikrishna were the erstwhile owner of the vacant land bearing Survey No.13 and Re-survey No.13/1B approximately measuring 8 acres situated in Ganakallu Village, Kengeri Hobli, Bengaluru South Taluk. All the aforesaid lands were originally granted to the father of respondents, namely one Murari and Thimarayappa by the Deputy Commissioner. 6. The BDA-respondent No.1 issued preliminary notification under Sections 17 (1) to 17 (3) of the Bangalore Development Authority Act, 1976 (‘BDA Act’ for short) dated 15.11.2000, proposing to acquire the land to the extent of 9 acres 20 guntas for the formation of Banashankari 6th Stage Layout. 7. Respondent Nos.3 and 4 preferred W.P. Nos.21552/2011 c/w 21551/2011 seeking direction to the BDA to pass an award in their favour in respect of the lands acquired by the BDA. The writ petitions were - 7 - HC-KAR NC: 2025:KHC:46653 WP No. 32604 of 2025 C/W WP No. 32105 of 2025 WP No. 32262 of 2025 disposed of with a direction to the BDA to pass an award. The inaction of the BDA in considering the claim of respondent Nos.3 and 4, they were constrained to approach this Court once again in W.P. Nos.63032/2016 c/w 63031/2016, which came to be disposed of with certain directions. 8. The petitioners claim that they entered into a registered memorandum of understanding with respondent Nos.3 and 4 dated 16.10.2019 and 17.10.2019 in W.P. Nos.32604/2025, 32105/2025 and 32262/2025 respectively, as well as a deed of assignment dated 10.01.2019. It is the case of the petitioners that thereafter, respondent Nos.3 and 4 had filed another W.P. No.26008/2024 seeking a similar prayer for award of compensation, which came to be disposed of on 13.01.2025. They have also initiated contempt proceedings in C.C. No.698/2025, which is pending adjudication. - 8 - HC-KAR NC: 2025:KHC:46653 WP No. 32604 of 2025 C/W WP No. 32105 of 2025 WP No. 32262 of 2025 9. It is the case of the petitioners that respondent Nos.3 and 4 are attempting to secure the allotment in their favour despite not being the lawful owners in view of the memorandum of understanding and deed of assignment executed in favour of the petitioner, and respondent Nos.3 and 4 are stated to have undertaken a binding obligation to execute the sale deed in favour of the petitioners and that a formal representation was given by the petitioners in this regard to the BDA seeking to restrain the allotment of the site in favour of respondent Nos.3 and 4, but the said representations have not been considered till date. 10. Learned counsel appearing for the BDA submits that the claim of the petitioners is of a civil nature, which has to be established before the competent Civil Court and not in proceedings under Article 226 of the Constitution of India. - 9 - HC-KAR NC: 2025:KHC:46653 WP No. 32604 of 2025 C/W WP No. 32105 of 2025 WP No. 32262 of 2025 11. This Court has carefully considered the rival contentions and perused material on record. 12. It is not in dispute that the petitioners base their claim on the Memorandum of Understanding and deed of Assignment, which they assert were executed by respondent Nos.3 and 4. Respondent Nos.3 and 4 had already approached this Court seeking release of compensation and those writ petitions were disposed of with certain directions. For enforcement of those directions, respondent Nos.3 and 4 has now initiated contempt proceedings against the authorities. 13. The question as to whether the petitioners are entitled under the deed of assignment or memorandum of understanding is not a matter that has to be adjudicated under the writ jurisdiction. The issue is purely civil in nature, which the petitioners have to take appropriate action before the competent Civil Court. - 10 - HC-KAR NC: 2025:KHC:46653 WP No. 32604 of 2025 C/W WP No. 32105 of 2025 WP No. 32262 of 2025 14. Accordingly, reserving liberty to the petitioners to approach the competent Civil Court, and keeping all contentions open, the writ petitions stand disposed of. Sd/- ______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 58