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2026 DAILYLAW 25967 (KAR)

SMT. ACHAMMA MATHEWS v. STATE OF KARNATAKA

WP/27428/2024 · 2026-07-02

M Nagaprasanna, Venkatesh Naik T

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33197-DB WP No. 27428 of 2024 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. 27428 OF 2024 (LA-BDA) BETWEEN: SMT. ACHAMMA MATHEWS, W/O V. MATHEWS, AGED ABOUT 80 YEARS, R/AT NO.62, KALATHUR LAYOUT, JALAHALLI POST, BANGALORE-560013. …PETITIONER (BY SRI. NISCHAY S.P, ADVOCATE FOR SRI. NAGENDRA NAIK R, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA-560001. REP. BY ITS PRINCIPAL SECRETARY. 2. BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560020. 3. SPECIAL LAND ACQUISITION OFFICER-3, DR.SHIVARAM KARANTH LAYOUT, T. CHOWDAIAH ROAD, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33197-DB WP No. 27428 of 2024 KUMARA PARK WEST, BANGALORE-560020. 4. THE ASSISTANT EXECUTIVE ENGINEER, DR.SHIVARAM KARANTH LAYOUT SUB-DIVISION, BANGALORE DEVELOPMENT AUTHORITY, NO.108 G, 5TH CROSS, MLA LAYOUT, 2ND STAGE, BHOOPASANDRA, BENGALURU-560094. …RESPONDENTS (BY SMT.HEMALATHA V, AGA FOR R1; SRI.SHIVAPRASAD M SHANTANAGOUDAR, ADVOCATE FOR R-2 TO R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO ISSUE REGULARISATION CERTIFICATE TO THE PETITIONER IN RESPECT OF SITE No.5 IN SURVEY No.19 OF GUNIAGARAHARA VILLAGE, HESARAGHATTA HOBLI, IN SHIVARAMA KARANTH LAYOUT AS RECOMMENDED BY THE J C C COMMITTEE AS PER ANNEXURE-L. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:33197-DB WP No. 27428 of 2024 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 petitioner is before this Court, seeking the following prayers: "a. Issue a Writ in the Nature of Mandamus directing the Respondents to issue regularisation certificate to the Petitioner in respect of Site No.5 in Survey No.19 of Guniagarahara Village, Hesaraghatta Hobli, in Shivarama Karanth Layout as recommended by the J C C Committee as per Annexure-L AND; b. to pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice and equity." 2. Heard Sri. Nischay S.P, learned counsel appearing for the petitioner, Smt.Hemalatha V, learned AGA appearing for respondent No.1, Sri.Shivaprasad M. Shantanagoudar, learned counsel appearing for respondent Nos.2 to 4 and have perused the material on record. - 4 - HC-KAR NC: 2026:KHC:33197-DB WP No. 27428 of 2024 3. The petitioner is before the Court on a peculiar grievance that the scheme of 40:60 of grant of compensation to the lands acquired for the purpose of formation of Dr.Shivaram Karanth Layout, has been erroneously applied in the case of the petitioner. It is his submission that the error has to be rectified by the BDA, but would admit that no representation is submitted to the BDA towards the grievance that he is now projecting before this Court. 4. In that light, we reserve liberty to the petitioner to submit a representation to the BDA venting out his grievance within four weeks from the date of receipt of a copy of the order and the BDA to consider the same within twelve weeks thereafter and communicate the decision taken on the said representation to the petitioner. 5. The BDA is at liberty to solicit any other documents that are necessary from the hands of the petitioner. With the aforesaid observations, the petition stands disposed. - 5 - HC-KAR NC: 2026:KHC:33197-DB WP No. 27428 of 2024 Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Sd/- (VENKATESH NAIK T) JUDGE CBC List No.: 1 Sl No.: 43