- 1 - HC-KAR NC: 2026:KHC:26028 WP No. 7749 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 7749 OF 2026 (BDA) BETWEEN: SRI. K. ASHWATHNARAYANA S/O. LATE KALACHAR @ KALAPPA, AGED ABOUT 73 YEARS, R/AT. NO.18, KHATHA NO.57/15, SOMASHETTAHALLI VILLAGE, CHIKKABANAVARA POST, BENGALURU-560090. …PETITIONER (BY SRI. L. RAJANNA, ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU-560020. 2. THE SPECIAL LAND ACQUISITION OFFICER, SLAO - 1, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU-560020. 3. THE SPECIAL LAND ACQUISITION OFFICER, (BETTERMENT TAXES), BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU-560020 …RESPONDENTS (BY SRI. K. KRISHNA, ADVOCATE) Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26028 WP No. 7749 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE BEARING NO.ULD2403AA338XXA02167, DATED 16.09.2025 ISSUED BY 3RD RESPONDENT VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged the notice bearing No.ULD2403AA338XXA02167 dated 16.09.2025 issued by respondent No.3. He has also sought for a writ in the nature of mandamus to direct the respondents not to disturb his possession in the suit property. 2. (i) Briefly stated, the facts as stated in the writ petition are that the petitioner is the owner of property bearing Khaneshumari No.57/15, presently bearing No.128/15 situated at Somashettahalli Village, Chikkabanavara, Bengaluru measuring east to west 69 feet and north to south 60 feet, where residential and commercial buildings are constructed. It is contented that the land in Sy. No.3/5 was acquired for the - 3 - HC-KAR NC: 2026:KHC:26028 WP No. 7749 of 2026 widening of the existing village road to provide connectivity to Dr. K. Shivaram Karanth layout. (ii) The petitioner contends that respondent No.1 issued a notice dated 16.09.2025 calling upon him to pay a sum of Rs.19,25,100/- towards betterment charge on account of development of Dr. K. Shivaram Karanth layout. It is his case that the aforesaid property was purchased in the year 1991 and was carved out of land in Sy. No.3/5 and was included within the limits of the village. (iii) The petitioner claims that respondent No.1 had issued a certificate regularising his occupation of the aforesaid site in terms of the judgment of the Hon'ble Supreme Court passed in Miscellaneous Application Nos.1614-1616/2019 in Civil Appeal Nos.7661-7663/2018 dated 06.12.2022. He contends that respondent No.3 has now demanded a sum of Rs.19,25,100/- towards betterment charges without furnishing proper details regarding the rate at which such charges are sought to be levied and that there is no justification for demanding the said amount. He further contends that the issue is no longer res integra in as much as, a Co-ordinate bench of - 4 - HC-KAR NC: 2026:KHC:26028 WP No. 7749 of 2026 this Court while dealing with a similar issue in W.P.No.9131/2026 and connected petitions, set aside the demands raised therein and directed respondent No.1 to consider the representations of the petitioners and pass appropriate orders. He therefore prays that the petitioner be extended the benefit of the said order. 3. The learned counsel for the respondents do not dispute the fact that similar demands made by respondent No.1 were set aside by this Court in the W.P. No.9131/2026 and connected petitions and the respondent No.1 was directed to reconsider the objections, if any, filed by the petitioners therein. 4. In that view of the matter, this writ petition is disposed off and the impugned notice bearing No.ULD2403AA338XXA02167 dated 16.09.2025 issued by respondent No.3 demanding betterment charges of Rs.19,25,100/- is ordered to be treated as a show cause notice under Section 21(1) of the BDA Act, 1976. - 5 - HC-KAR NC: 2026:KHC:26028 WP No. 7749 of 2026 5. It is open for the petitioner to file any objections against demanding the betterment charges, in which event, the respondent No.3 shall consider the objections in accordance with law and thereafter raise a demand in accordance with law. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 37