SRI. VENKATESHAIAH v. THE BANGALORE DEVELOPMENT AUTHORITY
WA/2000/2025 · 2026-03-17
D K Singh, T M Nadaf
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4579 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4579 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:15549-DB WA No. 2000 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 2000 OF 2025 (LA-BDA) BETWEEN:
1.
SRI. VENKATESHAIAH, S/O. LATE HANUMANTHARAYAPPA, AGED ABOUT 67 YEARS, R/AT BESIDE DX MAX APARTMENT, GANIGARAHALLI, CHIKKABANAVARA POST, BENGALURU - 560 090.
2.
SRI. KRISHNAPPA. H., S/O. LATE HANUMANTHARAYAPPA, AGED ABOUT 65 YEARS, R/AT GANIGARAHALLI, CHIKKABANAVARA POST, BENGALURU - 560 090.
APPELLANT NO.1 & 2 ARE REPRESENTED BY GPA HOLDER SURESH RAJU. H
3.
SRI. SURESH RAJU. H., S/O. LATE HANUMANTHARAYAPPA, AGED ABOUT 56 YEARS, R/AT NO. 54, 4TH MAIN ROAD, 4TH CROSS, SIR M.V. NAGARA, RAMAMURTHY NAGARA, BENGALURU - 560 016. &APPELLANTS (BY SRI. HARSHA G., ADVOCATE FOR SMT. RADHA R., ADVOCATE)
Digitally signed by REKHA R Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:15549-DB WA No. 2000 of 2025
AND:
1.
THE BANGALORE DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, KUMARA PARK, BENGALURU - 560 020.
2.
THE LAND ACQUISITION OFFICER, SHIVARAMA KARANTHA BADAVANE, THE BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK, BENGALURU - 560 020.
3.
SMT. ASHWATHAMMA, W/O. LATE S. PADMAIAH, AGED ABOUT 71 YEARS, R/AT NO. 68, NEAR KAATARANGAGUDI, GANIGARAHALLI, CHIKKABANAVARA MAIN ROAD, BENGALURU - 560 090.
4.
SMT. P. MAMATHA, D/O. LATE S. PADMAIAH, AGED ABOUT 52 YEARS, R/AT NO. 68, NEAR KAATARANGAGUDI, GANIGARAHALLI, CHIKKABANAVARA MAIN ROAD, BENGALURU - 560 090.
5.
SRI. SREENIVASARAJU, S/O. LATE S. PADMAIAH, AGED ABOUT 49 YEARS, R/AT NO. 68, NEAR KAATARANGAGUDI, GANIGARAHALLI, CHIKKABANAVARA MAIN ROAD, BENGALURU - 560 090.
&RESPONDENTS
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HC-KAR NC: 2026:KHC:15549-DB WA No. 2000 of 2025
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS WRIT APPEAL THEREBY SETTING ASIDE THE
ORDER DATED:12.11.2025 PASSED IN WP NO.11643/2024 BY THE LEARNED SINGLE JUDGE BY HOLDING THAT THE WRIT PETITION ITSELF WAS NOT MAINTAINABLE FOR THE RELIEFS SOUGHT AND PASS SUCH OTHER ORDER/DIRECTION.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal has been filed impugning the order dated 12.11.2025 passed by the learned Single Judge in WP.No.11643/2024, instituted by the respondents.
2. The land in Survey No.59/5 was subject matter of acquisition proceedings. However, there is a dispute regarding the ownership of this land. The respondents have filed original suit No.1259/2023 seeking declaration
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HC-KAR NC: 2026:KHC:15549-DB WA No. 2000 of 2025
of title in respect of the said land and also specific performance of the agreement dated 25.01.1981. The learned Single Judge therefore, considering the fact that the suit is pending, has disposed of the writ petition and ordered that till the suit is finally decided, the compensation in respect of 35 guntas of land in Sy.No.59/5 shall not be disbursed.
3. There is a dispute of the ownership in respect of the land which is the subject matter of acquisition proceedings. The learned Single Judge has rightly passed the order that till the competent Civil Court decides the pending civil suit in OS.No.1259/2023, the compensation in respect of the land should not be paid to anyone.
4. We do not find any ground to interfere with the impugned order passed by the learned Single Judge. This appeal is accordingly dismissed and there is no merit and substance in the case.
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HC-KAR NC: 2026:KHC:15549-DB WA No. 2000 of 2025
Pending application, if any, does not survive for
consideration and the same is disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
PK List No.: 1 Sl No.: 6 ct-vn