- 1 - HC-KAR CNR: KAHC010748942025 NC: 2026:KHC:33101-DB WP No. 34697 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT PETITION NO. 34697 OF 2025 (LA-BDA) BETWEEN: 1. SRI. MANJUNATH S/O LATE MUNIYAPPA, GRAND SON OF LATE MASTAMMA, AGED ABOUT 50 YEARS. 2. RATHNAMMA S/O LATE MUNIYAPPA, GRAND DAUGHTER OF LATE MASTAMMA, AGED ABOUT 51 YEARS. 3. M.SHANKAR S/O LATE MUNIYAPPA, GRAND SON OF LATE MASTAMMA, AGED ABOUT 56 YEARS. 4. CHANAMMA D/O LATE MUNIYAPPA, GRAND SON OF LATE MASTAMMA, AGED ABOUT 68 YEARS. 5. R PARVATHAMMA W/O LATE CHENNAPPA, DAUGHTER IN LAW OF MUNIYAPPA, AGED ABOUT 53 YEARS. 6. M. RAMACHANDRAIAH S/O LATE MUNIYAPPA, GRAND SON OF LATE MASTAMMA, AGED ABOUT 67 YEARS. Digitally signed by MALA K N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010748942025 NC: 2026:KHC:33101-DB WP No. 34697 of 2025 7. MUNIRAJU S/O LATE MUNIYAPPA, GRAND SON OF LATE MASTAMMA, AGED ABOUT 38 YEARS. 8. DEVARAJU S/O LATE KEMPAIAH, GRAND SON OF LATE BACHAPPA, AGED ABOUT 62 YEARS. 9. BHAGYAMMA W/O LATE BYARAPPA DAUGHTER IN LAW OF KEMPAIAH, AGED ABOUT-56 YEARS, 10. K.MALIYAPPA S/O LATE KEMPAIAH, GRAND SON OF LATE BACHAPPA, AGED ABOUT 65 YEARS ALL RESIDING AT GANIGARAHALLI VILLAGE, CHIKKABANAWARA POST, YESHWANTHAPURA HOBLI, BENGALURU-560 090. …PETITIONERS (BY SRI. SHIVARAJ PATIL.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY UrBAN DEVELOPMENT AUTHORITY, MS BUILDING, BANGALORE 560 001. 2. ADDITIONAL LAND ACQUISITION, OFFICER BENGALURU DEVELOPMENT AUTHORITY, BENGALURU-560 001. 3. SMT. JAYALAKSMAMMA, W/O LATE SIDDAPPA, AGED ABOUT 75 YEAR. - 3 - HC-KAR CNR: KAHC010748942025 NC: 2026:KHC:33101-DB WP No. 34697 of 2025 4. DR.ANIL S/O LATE SIDDAPPA, AGED ABOUT 55 YEARS, BOTHA RE RESIDING AT NO.14, SUNIL NILAYA, 3RD MAIN ROAD, BAHUBALI NAGARA, MES ROAD, JALAHALLI, BENGALURU-560 013. 5. SMT. PARVATHAMMA W/O LATE V GANGARAJU, AGED ABOUT 70 YEARS, 6. SRI. G. MARUTHESH S/O LATE V GANGARAJU, AGED ABOUT 52 YEARS, 7. SRI.G.VINODAKUMAR S/O LATE V GANGARAJU, AGED ABOUT 50 YEARS, 8. G. PRASHANTHAKUMAR, S/O LATE V GANGARAJU, AGED ABOUT 50 YEARS, ALL ARE RESIDING AT NO.57, GANIGARAHALLI, NEAR D.S.MAX NEST APARTMENT, CHIKKABANAVARA-POST, BENGALURU-560 090. …RESPONDENTS (BY SRI.S.H.RAGHAVENDRA, AGA FOR R1; SRI.SHIVAPRASAD M. SHANTANAGOUDAR, ADV, FOR R2; SRI.AJITH.N., ADVOCATE FOR SRI.S.SUBRAMANYA, ADVOCATE FO R5 TO R8) - 4 - HC-KAR CNR: KAHC010748942025 NC: 2026:KHC:33101-DB WP No. 34697 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A WRIT OF CERTIORARI QUASH THE CONDITIONAL CONFIRMATION CERTIFICATE BEARING No. 422/18-19 DATED 20.01.2025 ISSUED BY THE 2ND RESPONDENT AS PER ANNEXURE-J AND 2) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE 2ND RESPONDENT- BDA TO REFER THE MATTER TO THE COMPETENT CIVIL COURT FOR ADJUDICATION OF THE RIGHT, TITLE AND INTEREST IN RESPECT OF LAND BEARING SY. No. 55/2 MEASURING 1 ACRE 19 GUNTAS SITUATED AT GANIGARAHALLI, YASHWANTHPURA HOBLI, BENGALURU NORTH AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present Writ Petition has been filed for following prayers: 1) “Issue a writ of Certiorari quash the conditional confirmation certificate bearing No. 422/18-19 dated 20.01.2025 issued by the 2nd Respondent as per Annexure –J. 2) Issue a Writ of Mandamus or any other appropriate writ, order, or direction, directing the 2nd Respondent-BDA to refer the matter to the competent Civil Court for adjudication of the right, title, and interest in respect of land bearing Sy.No.55/2 measuring 1 Acre 19 guntas situated at - 5 - HC-KAR CNR: KAHC010748942025 NC: 2026:KHC:33101-DB WP No. 34697 of 2025 Ganigarahalli, Yashwanthpura Hobli, Bengaluru North. 3) Issue any writ or order or direction as this Hon’ble court deems fit under the circumstances of the case.” 2. The State Government has acquired lands including the land in Sy. No. 55/2 measuring 2 Acres 10 guntas inclusive of 31 guntas of Kharab situated at Ganigarahalli, Yeshwanthapura Hobli, Bengaluru North Taluk for formation of Dr. K. Shivaram Karanth Layout. 3. The award was made of the said land in favour of the notified khatedars in the year 2021 and as per the stand of the learned counsel appearing for the Bangalore Development Authority, the award amount was disbursed in favour of the notified khatedars in the year 2021. The writ petitioners have filed a civil suit in O.S.No. 1923/2024 i.e., 3 years after the award amount was disbursed in favour of the notified khatedars, claiming to be the co- owners of the acquired land. 4. The Learned trial Court admittedly has not passed any injunction order till date. Whether the - 6 - HC-KAR CNR: KAHC010748942025 NC: 2026:KHC:33101-DB WP No. 34697 of 2025 petitioners are the joint owner of the property in question is a disputed question of fact and this Court in exercise of its jurisdiction under Article 226 of the Constitution of India, cannot decide a disputed question of fact, particularly, where the dispute is in realm of the private law. We are, therefore of the considered view that the public law remedy would not be available to the petitioners. However, if they succeed in the suit filed by them, they would be entitled for their share in the award amount as well as the sites to be allotted to the private respondents. With the aforesaid observation, we dismiss this Writ Petition. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE K; List No.: 2 Sl No.: 10