- 1 - HC-KAR NC: 2025:KHC:51568 WP No. 27782 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 27782 OF 2025 (LA-BDA) BETWEEN: 1. KEMPEGOWDA RURAL HOUSE BUILDING, CO OPERATIVE SOCIETY LTD, NO.16/11, 1ST 'C' MAIN ROAD, GANGANAGAR EXTENSION, BENGALURU-560 032. REPRESENTED BY ITS PRESIDENT SRI.NANGARU NANAIAH. …PETITIONER (BY SRI. CHANDRACHUD A.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, VIDHANA SOUDHA, BENGALURU -560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK, WEST T CHOWDIAH ROAD, BENGALURU- 560 020. REPRESENTED BY ITS COMMISSIONER …RESPONDENTS (BY SRI. HARISHA A S.,AGA FOR R1; SRI. MURUGESH V CHARATI.,ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT IN THE NATURE OF MANDAMUS TO RESPONDENTS TO ISSUE A CORRIGENDUM TO THE FINAL NOTIFICATION DATED 23/02/2004 ISSUED UNDER SECTION 19(1) OF THE BDA ACT BY THE STATE Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51568 WP No. 27782 of 2025 GOVERNMENT AND PUBLISHED IN THE GAZETTE DATED 23/02/2004, IN WHICH UNDER THE SUB-HEADING JAKKUR YELAHANKA HOBLI, IN PLACE OF SERIAL NUMBER 265, TO INSERT NEW SERIAL NUMBERS 265(A) AND 265(B) AND 265(C) WITH PARTICULARS AS FOLLOWS-265(a) 2-POVAIAH BIN KARIYAPPA 3- 98/1 4-DRY 5-3.10 7-3.10 8-3.77 9-0.14 10-98/2 11-102 12-97 13- 99 1-265(a) 2-JAYALAKSHMI VENKATAPPA 3-98/2 4-DRY 5-1.15 7- 1.15 8-1.60 9- 0.06 10-98/3 11-98/1 12-97 13-99 1-265(a)2-DR.K. VEERAPPA GOWDA BIN THYAMPANNA GOWDA 3-98/3 4-DRY 5- 4.37 6-0.10 7-4.27 8-5.43 9-0.20 10-91 11-98/2 12-97 13-99 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 The petitioner has approached this Court seeking a writ of mandamus directing the respondents to issue a corrigendum to the final notification dated 23.02.2004 (Annexure-L) issued under Section 19(1) of the Bengaluru Development Act, 1976 (for short 'the BDA Act') insofar as it relates to Survey Nos.98/1, 98/2, 98/3 of Jakkur, Yelahanka Hobli, along with consequential reliefs. 2. Heard learned counsel for the petitioner, learned Addl. Government Advocate for respondent No.1- - 3 - HC-KAR NC: 2025:KHC:51568 WP No. 27782 of 2025 State and Sri. Murugesh V Charati, learned counsel for respondent No.2-BDA. Perused the material on record. 3. During the course of the arguments, learned counsel for the petitioner fairly submits that the petitioner does not press the substantive prayers sought in the writ petition. However, he restricts his submission to the limited prayer seeking consideration of the representations submitted by the petitioner-society at Annexures-R1 to R5 in accordance with law. 4. The specific contention of the petitioner is that only Survey No.98/3 finds mention in the final notification, whereas Survey Nos.98/1 and 98/2 were allegedly utilized for the formation of road without following the due process of law. In this regard, representations have been submitted to the respondent-authorities and the petitioner seeks direction for their consideration. 5. Per contra, learned counsel appearing for respondent No.2-BDA submits that as per the final - 4 - HC-KAR NC: 2025:KHC:51568 WP No. 27782 of 2025 notification only Survey No.98/3 has been acquired and utilized and that no land has been formed in Survey Nos.98/1 and 98/2 without acquisition. It is nevertheless submitted that the petitioner's representations would be considered in accordance with law within a reasonable time. 6. Learned Addl. Government Advocate appearing for respondent No.1-State submits that the representations addressed to the Principal Secretary at Annexure-R3 would be examined and appropriate orders would be passed in accordance with law. 7. The above submissions are placed on record. 8. Without expressing any opinion on the merits or demerits of the rival contentions and having regard to the limited relief now sought by the petitioner, this Court is of the considered view that the ends of justice would be met by issuing a direction to the respondents to consider the - 5 - HC-KAR NC: 2025:KHC:51568 WP No. 27782 of 2025 petitioner's representations in accordance with law. Accordingly, this Court pass the following: ORDER i) The writ petition is disposed of. ii) The respondents are directed to consider the petitioner's representation dated 17.09.2024 (Annexure-R5) and pass appropriate orders in accordance with law within a period of four(4) weeks from the date of receipt of a certified copy of this order. The outcome thereof shall be forwarded to respondent No.1-State. iii) Upon receipt of such report, respondent No.1 shall pass appropriate orders within further period of four(4) weeks in accordance with law. - 6 - HC-KAR NC: 2025:KHC:51568 WP No. 27782 of 2025 iv) If it is clarified that, if no road has been laid in Survey Nos.98/1 and 98/2, the respondents shall not take any coercive steps in respect of the said survey numbers, till the petitioners' representations are duly considered and orders are passed thereon. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 15