Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:19403-DB WP No. 3278 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 3278 OF 2026 (LA-BDA) BETWEEN:
SMT. SOWMYA. H. M.
D/O H.S. MALLESH, W/O VEERESH. S. MATH AGED ABOUT 44 YEARS, R/AT NO.213, 'SAVI', 1ST 'B' MAIN ROAD, 3RD CROSS, NGEF EAST, KASTHURINAGARA, BANGALORE - 560 043. …PETITIONER (BY SRI. G.V.NARASIMHA MURTHY., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, REP BY ITS SECRETARY TO GOVERNMENT OF URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001.
2.
THE BENGALURU DEVELOPMENT AUTHORITY, (REPRESENTED BY ITS COMMISSIONER), KUMARA PARK WEST, BENGALURU - 560 020.
Digitally signed by REKHA R Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:19403-DB WP No. 3278 of 2026
3.
THE SPECIAL LAND ACQUISITION OFFICER, (DR. K. SHIVARAMA KARANTHA LAYOUT) BENGALURU DEVELOPMENT AUTHORITY, BENGALURU - 560 020.
…RESPONDENTS (BY SRI. G.S. ARUNA HCGP, FOR R1, SRI. B.S. SACHIN, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTS THE RESPONDENTS/BDA TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED:29.12.2025 AT ANNEXURE-L1 TO L3 AND ISSUE WRIT IN THE NATURE OF MANDAMUS TO DIRECT THE RESPONDENTS/BDA TO CONSIDER THE APPLICATION No.1141 MADE BY THE PETITIONER FOR ALLOT THE ALTERNATIVE SITE IN FAVOUR OF PETITIONER IN THE SAME Dr. SHIVARAM KARANTHA LAYOUT AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF
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HC-KAR NC: 2026:KHC:19403-DB WP No. 3278 of 2026
ORAL ORDER (PER: HON'BLE MR. JUSTICE T.M.NADAF) The petitioner is before us in this writ petition under Articles 226 and 227 of the Constitution of India, seeking for the following reliefs: i.
"Issue Writ in Nature of Mandamus directs the respondents/BDA to consider the representations of the petitioner dated.29/12/2025 at Annexure-L1 to L13. ii. Issue Writ in Nature of Mandamus to direct the respondents/BDA to consider the application No.1141 made by the petitioner for allot the alternative site in favour of petitioner in the same Dr.Shivaram Karanatha layout. iii. To grant such other and further relief so as to cost of the proceeding as this Hon'ble Court deems fit in the circumstances of the case in the interest of justice and equity."
2.
Brief facts leading to filing of this petition are as under: The petitioner submits that he is the owner and kathedar of the property in dispute. He has purchased the said property under registered Sale Deed dated 21.08.2006 in the office of Senior Sub-Registrar of Yelahanka, Bangalore, for valuable consultation. After the
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HC-KAR NC: 2026:KHC:19403-DB WP No. 3278 of 2026
purchase she got all the revenue records in her name and paying regular tax to the concerned department.
3. This being the position, the respondent Nos.1 to 3 issued a Preliminary Notification dated 30.12.2008 issued by respondent No.2, followed by a Final Notification dated 30.10.2018 issued by first respondent for formation of Dr. K. Shivarama Karantha Layout, including the Survey No.130/60/P-36/32 of Byalakere Village, Hesaraghatta Hobli, Bangalore North Taluk, Bangalore Urban District, including the property purchased by the petitioner a site in the layout formed in the said survey number.
4. It is the further case of the petitioner that the Bangalore Development Authority issued the Final Notification, after the order passed by the Apex Court dated 03.08.2018 in Civil Appeal No.7661-63/2008, without looking to the documents for formation of Dr.K. Shivarama Karantha Layout.
5. In that view of the matter, the petitioner on 18.12.2018 had made an application before the BDA and
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HC-KAR NC: 2026:KHC:19403-DB WP No. 3278 of 2026
requested them to show her name in the owner's column and re-allot the said site in her favour and it has also been made clear that she is not interested to receive compensation in lieu of the site. Thereafter, subsequent to final notification made a representation before the BDA requesting them to exclude her site property from the notification.
6. Since the respondent did not consider her prayer, she further requested and made a representation to BDA authority to allot alternative site in the same layout in her name. A writ petition was filed by her in WP.No.15548/2021, which was
disposed of on
30.08.2021. Wherein, she was reserved liberty to approach the committee formed under the chairmanship of Hon'ble Justice A.V. Chandrasekhar and ventilate her grievances.
7. In view of the invitation by the BDA for application regarding alternative site in respect of Dr.K.Shivarama Karantha Layout, petitioner filed
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HC-KAR NC: 2026:KHC:19403-DB WP No. 3278 of 2026
application bearing No.1141 along with all documents with the BDA on 08.10.2021 for allotting an alternative site. However, it is the grievance of the petitioner that the said application is still not considered.
8. It is further submitted that the BDA had filed a reference petition in LAC.No.68/2023 before the Principal Senior Civil Judge, Bangalore Rural, Bangalore Rural District and deposited the compensation amount with the Court. Wherein, the petitioner has been shown as claimant No.44. The petitioner in response to the notice appeared before the LAC Court and submitted an objection, declining to receive compensation of acquired site and requested the Court for a direction to BDA to allot alternative site. The said case is pending.
9. Thereafter, the petitioner recently filed another representation dated 29.12.2025 requesting the BDA to allot an alternative site. Since the request has not been acceded to by BDA, the petitioner is before this Court for
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HC-KAR NC: 2026:KHC:19403-DB WP No. 3278 of 2026
a writ of mandamus in respect of the reliefs which we have already extracted.
10. We have been informed at Bar that the matter is pending before the BDA is under consideration. In these circumstances, we deem it proper to accede to prayer No.1 of the petitioner directing the BDA to consider the representation of petitioner dated 29.12.2025 at Annexure L1 to L5 and pass appropriate reasoned and speaking orders thereon in accordance with law as expeditiously as possible preferably within a period of two months.
11. With the above said observation, the writ petition is disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 33 ct-vn