Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 25805 (KAR)

SMT JAYAMMA v. BANGALORE DEVELOPMENT AUTHORITY

WP/7009/2026 · 2026-07-02

M Nagaprasanna, Venkatesh Naik T

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:33099-DB WP No. 7009 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.NAGAPRASANNA AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 7009 OF 2026 (LA-BDA) BETWEEN: 1. SMT. JAYAMMA, WIFE OF LATE BYRANNA, AGED ABOUT 60 YEARS, 2. SRI. ARUN KUMAR B, SON OF LATE BYRANNA, AGED ABOUT 40 YEARS, BOTH ARE RESIDING AT NO.61/1, DODDA BYALAKERE, SHIVAKOTE, HESARAGHATTA HOBLI, BENGALURU - 560 089. …PETITIONERS (BY SRI. ROHAN HOSMATH., ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDIAH ROAD, BENGALURU - 560 020. REPRESENTED BY ITS COMMISSIONER. Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33099-DB WP No. 7009 of 2026 2. SPECIAL LAND ACQUISITION OFFICER, DR. K SHIVARAM KARANTH LAYOUT, KUMARA PARK WEST, T. CHOWDIAH ROAD, BENGALURU - 560 020. 3. SECRETARY, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T CHOWDIAH ROAD, BENGALURU - 560 020. …RESPONDENTS (BY SRI.SHIVAPRASAD M SHANTANAGOUDAR, ADVOCATE FOR R1 TO R3 - BDA) THIS W P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS THE RESPONDENTS TO RECTIFY / CHANGE THE NAME IN REGULARIZATION CERTIFICATE BEARING RC NO.2717 ISSUED BY RESPONDENT NO.3 AND PRODUCED AS ANNEXURE-G WITH RESPECT TO THE BUILDING IN THE SCHEDULE PROPERTY IN THE NAME OF THE PETITIONERS AND PASS SUCH OTHER CONSEQUENTIAL ORDERS AS MAY BE NECESSARY IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA and HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR NC: 2026:KHC:33099-DB WP No. 7009 of 2026 ORAL ORDER (PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayer: "WHEREFORE, the Petitioners most Humbly prays that this Hon'ble Court may be pleased to issue a writ in the nature of mandamus directing the Respondents to rectify/change the name in regularization certificate bearing RC No.2717 issued by Respondent No.3 and produced as Annexure-G with respect to the building in the schedule property in the name of the petitioners and pass such other consequential orders as may be necessary in the interest of justice and equity." 2. Heard Sri. Rohan Hosmath, learned advocate for petitioner and Sri. Shivaprasad M Shantanagoudar, learned advocate appearing for respondents - BDA. 3. The issue revolves around the Regularization Certificate issued by the respondent - BDA concerning the subject land. The land which the petitioner claims to be in possession of is now the subject matter of acquisition for the purpose of formation of Dr. K Shivaramaa Karanth Layout. The history to the acquisition and the present status need not be narrated for the events that is - 4 - HC-KAR NC: 2026:KHC:33099-DB WP No. 7009 of 2026 projected before us today. A Regularization Certificate is issued in RC No.2717 in respect to the building in the schedule property. The correction of that regularization is what is now sought. 4. It is the case of the petitioner that the tenant who is living in the premises owned by the petitioner had submitted a regularization application seeking regularization of the building in his name. Therefore the BDA on the score that there is a building existing in the said land and issued a Regularization Certificate in the name of the person who applied was allegedly the tenant in the premises of the petitioner. Several disputes in the family has had arisen with regard to the scheduled property in O.S.No. 244/2008 and the said suit is now decreed in terms of the judgment and decree dated 22.04.2024. 5. In the light of the said decree, the petitioner now comes in possession of the subject property and then gets to know that the Regularization Certificate is rendered - 5 - HC-KAR NC: 2026:KHC:33099-DB WP No. 7009 of 2026 in favour of a tenant who had submitted it in the year 2008. Therefore, he applies for the correction of the said Regularization Certificate to bring in his name in the said Certificate. That having not been considered is what has driven the petitioner to this Court in the subject petition. 6. The learned counsel appearing for the petitioner submits that he would submit all the necessary documents to demonstrate that the person who applied for Regularization Certificate in the year 2008 or so was the tenant in the premises owned by the petitioner and he would submit all other necessary documents for the rectification of his name in the Regularization Certificate. 7. The learned counsel appearing for the respondent- BDA submits that if all the documents are put in place and submitted to the BDA particularly with regard to the evidence of the person who applied for regularization of the building and property being his tenant, the BDA would consider the same and redress the grievance of the petitioner in accordance with law. - 6 - HC-KAR NC: 2026:KHC:33099-DB WP No. 7009 of 2026 8. In the light of the said submission of the petitioner and the respondent, we deem it appropriate to dispose the subject petition directing the petitioner to submit a representation enclosing all the documents necessary for the purpose of demonstrating the observations made in the course of the order. In the event such an application is preferred with all the necessary documents, the respondent - BDA shall redress the grievance of the petitioner within outer limit of 12 weeks from the date of receipt of copy of this order. Sd/- (M.NAGAPRASANNA) JUDGE Sd/- (VENKATESH NAIK T) JUDGE BSV List No.: 1 Sl No.: 22