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2026 DAILYLAW 22962 (KAR)

LAKSHMAMMA SINCE DEAD BY LRS v. THE BENGALURU DEVELOPMENT AUTHORITY

WP/1474/2026 · 2026-06-18

M Nagaprasanna, Venkatesh Naik T

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30075-DB WP No. 1474 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE M.NAGAPRASANNA AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 1474 OF 2026 (LA-BDA) BETWEEN: 1. LAKSHMAMMA SINCE DEAD BY LRS. L. CHANDRASHEKAR, SON OF LAKSHMAMMA, AGED ABOUT 65 YEARS. 2. SMT. GIRIJAMMA, D/O LAKSHMAMMA, AGED ABOUT 62 YEARS. 3. SMT. NARASAMMA, D/O LAKSHMAMMA, AGED ABOUT 55 YEARS. 4. SRI. NARASIMHARAJU L, S/O LAKSHMAMMA, AGED ABOUT 59 YEARS. 5. SMT. KENCHAMMA URF B KUMARAMMA, D/O LAKSHMAMMA, AGED ABOUT 55 YEARS. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30075-DB WP No. 1474 of 2026 6. SRI KUMARASWAMY, S/O LAKSHMAMMA, AGED ABOUT 54 YEARS. 7. SMT. L. VIJAYALAKSHMI, D/O LAKSHMAMMA, AGED ABOUT 42 YEARS. 8. SMT. RAJESHWARI L, D/O LAKSHMAMMA, AGED ABOUT 48 YEARS. ALL ARE C/O NO.43, 6TH MAIN, HANUMATHARAYAPPA ENCLAVE, GANIGARAHALLI, CHIKKABANAVARA POST, BENGALURU-560 090. …PETITIONERS (BY SMT. GAYATHRI T.N, ADVOCATE FOR SRI CHANDRAIAH, ADVOCATE) AND: 1. THE BENGALURU DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, KUMARA PARK, BENGALURU-560 020. 2. THE LAND ACQUISITION OFFICER, SHIVARAMA KARANTHA BADAVANE, THE BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK, BENGALURU-560 020. 3. NARASAPPA SINCE DEAD BY LR’S SRI LOKESH RAJU, - 3 - HC-KAR NC: 2026:KHC:30075-DB WP No. 1474 of 2026 AGED ABOUT 48 YEARS, SON OF LATE NARASAPPA. 4. SRI. NAGENDRA, AGED ABOUT 41 YEARS, SON OF LATE NARASAPPA. RESPT 3 AND 4 ARE R/AT NO. 64, GANIGARAHALLI, CHIKKABANAVARA POST-560 090, YESHAVANTHAPURA HOBLI, BENGALURU NORTH TALUK. 5. SRI N NARAYANSWAMY, S/O LATE NARSIMAIAH, AGED ABOUT 69 YEARS, R/AT NO.580, 8TH CROSS, 9TH 'C' MAIN ROAD, R.P.C. LAYOUT, BENGALURU-560 040. 6. MUDDURAJU SINCE DEAD BY LR’S SRI PURUSHOTHAM RAJU, AGED ABOUT 42 YEARS, SON OF LATE MUDDU RAJU, NO.43, 2ND MAIN, HANUMANTHAIAH BADAVANE, CHIKKASANDRA, T. DASARAHALLI, BENGALURU-560 057. 7. SMT.M. VARALAKSHMI, D/O LATE MUDDARAJU, C/O THIMMARAJU K.S, AGED ABOUT 47 YEARS, R/AT NO.23 KUSHALA, 5TH MAIN, BHUVANESHWARI NAGAR, - 4 - HC-KAR NC: 2026:KHC:30075-DB WP No. 1474 of 2026 T. DASARAHALLI SUB-DISTRICT, BANGALORE NORTH, BENGALRU-560 057. 8. SMT. KUMARI.M, D/O LATE MUDDARAJU, C/O HANUMANTHARAJU, AGED ABOUT 41 YEARS, R/AT NO.43, 2ND CROSS, HANUMANTHAIAH LAYOUT, VTC, BANGALORE NORTH, DASARAHALLI SUB-DISTRICT, BENGALURU NORTH, BENGALURU-560 057. …RESPONDENTS (BY SRI SHIVAPRASAD M SHANTANAGOUDAR, ADVOCATE FOR R-1 & R-2 –BDA; SRI K.N SUBBA REDDY, ADVOCATE FOR R-7 & R-8) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1.ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENT AUTHORITIES TO REFER THE MATTER TO THE REFERENCE COURT FOR THE ADJUDICATION OF COMPENSATION IN THE ACQUISITION OF THE LANDS PROPERTY BEARING SY.NO.7 MEASURING 2 ACRE 2 GUNTAS AND SY.NO.57, MEASURING 28 GUNTAS PLUS 10 GUNTAS OF SOMASHETTYHALLI VILLAGE AND ALSO SOUGHT FOR PARTITION OF HER 1/3RD SHARE OF 8 GUNTAS OF SY.NO.55/1 AND 1 ACRE 16 GUNTAS OF SY.NO.67 AND 1 ACRE OF SY.NO.77/3 OF GANIGARAHALLI VILLAGE, WHICH ARE ACQUIRED BY THE RESPONDENT NO.1 FOR THE FORMATION OF THE DR.K. SHIVARAMA KARANTHA LAYOUT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:30075-DB WP No. 1474 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayer: “1. Issue a Writ in the nature of mandamus or any other Writ, order or direction, directing the Respondent Authorities to refer the matter to the reference court for the adjudication of compensation in the acquisition of the lands property bearing Sy.No.7 measuring 2 Acre 2 guntas and Sy.No.57, measuring 28 guntas plus 10 guntas of Somashettyhalli village and also sought for partition of her 1/3rd share of 8 guntas of Sy.No.55/1 and 1 acre 16 guntas of Sy.No.67 and 1 acre of Sy.No.77/3 of Ganigarahalli village, which are acquired by the respondent No.1 for the formation of the Dr.K.Shivarama Karantha layout, in the interest of justice and equity.” 2. Issue any other Writ, order or direction and such other order or direction as the Hon’ble Court may deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard Smt. Gayathri T.N., learned counsel for Sri Chandraiah, learned counsel for petitioners, Sri Shivaprasad M. Shantanagoudar, learned counsel for respondent Nos.1 and 2 and Sri K.N.Subba Reddy, learned counsel for respondent Nos.7 and 8. - 6 - HC-KAR NC: 2026:KHC:30075-DB WP No. 1474 of 2026 3. The lands in the schedules ‘A’ to ‘F’ of the plaint in O.S.No.1239/2014, which is appended to the petition, have now become the subject matter of acquisition for the purpose of formation of Dr. Shivarama Karanth Layout. 4. In the teeth of the pendency of the civil suit between the parties in O.S. No.1239/2014, which is yet to be concluded, the grievance of the petitioners is, the adjudication of compensation between the parties and therefore, seek a direction to refer the matter before the reference Court, which would adequately consider the issue, as it concerns the quantum of compensation or a squabble with regard to the compensation that has to be disbursed between the parties - the petitioners and the respondents. Barring this direction to the reference Court to consider the grievance of the petitioners, there can be no other direction that can be issued at this juncture at the hands of this Court. 5. In the light of the afore-made observations and the directions, the writ petition stands disposed, reserving liberty to the petitioners to move the reference Court with regard to their grievance concerning adjudication of compensation and we - 7 - HC-KAR NC: 2026:KHC:30075-DB WP No. 1474 of 2026 have no reason to disbelieve that the reference Court would answer the grievance of the petitioners. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Sd/- (VENKATESH NAIK T) JUDGE NVJ List No.: 1 Sl No.: 14