- 1 - HC-KAR NC: 2025:KHC:54373 RP No. 444 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REVIEW PETITION NO. 444 OF 2024 BETWEEN: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU - 560 020. 2. THE ENGINEER OFFICER -1 BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD BENGALURU - 560 020. 3. THE SUPERINTENDENT OF POLICE BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, CHOWDAIAH ROAD, BENGALURU - 560 020. SINCE THE COMMON INTEREST INVOLVED, ALL THE PETITIONERS ARE REPRESENTED BY THE ENGINEER OFFICER-1. 2ND PETITIONER. …PETITIONERS (BY SRI. K. KRISHNA, ADVOCATE) Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54373 RP No. 444 of 2024 AND: SRI. D. VAJRAVELU S/O LATE DORESWAMY AGED ABOUT 52 YEARS, R/AT NO. 360, VAJRA NILAYA 7TH 'B" CROSS, MUTHYALANAGAR M.E.S ROAD, BENGALURU - 560 054. …RESPONDENT (BY SRI. RAVI H.K, ADVOCATE) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF THE C.P. CODE PRAYING TO REVIEW THE ORDER PASSED BY THIS HONBLE COURT DATED 07/11/2023 IN W.P. NO. 25936/2022 BY PERMITTING THE REVIEW PETITIONERS TO TAKE SUITABLE ACTION FOR EVICTION OF UNAUTHORIZED OCCUPANTS IN THE SUBJECT MATTER IN ACCORDANCE WITH LAW UNDER THE PROVISIONS OF KARNATAKA PUBLIC PREMISES ACT AND GRANT SUCH OTHER RELIEF AS THIS HONBLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE ABOVE CASE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2025:KHC:54373 RP No. 444 of 2024 ORAL ORDER Heard on I.A.no.1/2024 filed for condonation of 260 days' delay in filing Petition. 2. In affidavit filed in support of application, various administrative reasons are stated. Though notice was issued, respondent has not yet filed objections to application. 3. In order to satisfy conscience, matter was examined on merits also. 4. Review Petition is against an order dated 07.11.2023 passed by this Court in W.P.no.25936/2022, stating that after passage of order impugned, it was noticed that there existed large number of unauthorized structures and petitioner no.3 had passed order dated 07.11.2022 without issuing notice to occupants. 5. It is also submitted that order impugned would run counter to order passed by Division Bench of this Court holding that provisions of Public Premises (Eviction of Unauthorised - 4 - HC-KAR NC: 2025:KHC:54373 RP No. 444 of 2024 Occupants) Act, 1971 ('ACT') would be applicable for eviction of unauthorized occupants. 6. Be that as it may, it was seen that sufficient time had lapsed after passing of order dated 07.11.2022 at Annexure-J. However, passing order dated 07.11.2022 itself, petitioner - Bangalore Development Authority had noticed unauthorized and temporary structures. Even in case unauthorized occupants were required to be notified, nothing prevented them from doing so. Since more than a year had lapsed by time of filing of Writ Petition. 7. To a query, whether order dated 07.11.2022 had been modified, withdrawn or quashed, by any Court or Authority, counsel fairly answered in negative. 8. Such being case, there would be no justification for filing Review by petitioner "dilly dallying" with issue which does not appear to be bona fide. Therefore, I.A.no.1/2024 filed for condonation of delay is dismissed, and consequently, Review Petition also stands dismissed by imposing cost of Rs.10,000/- payable to High Court Legal Services Authority within a period of four weeks. - 5 - HC-KAR NC: 2025:KHC:54373 RP No. 444 of 2024 9. In view of dismissal of Review Petition, I.A.no.2/2024 filed for stay also stands dismissed. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 21