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2026 DAILYLAW 46569 (KAR)

SRI MARINANJAPPA v. THE STATE OF KARNATAKA

WA/197/2025 · 2026-01-12

D K Singh, S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1576-DB WA No. 197 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 197 OF 2025 (LA-BDA) BETWEEN: 1. SRI MARINANJAPPA DEAD BY LRs., 1(a) MUNIYAMMA, AGED 55 YEARS, W/O LATE MARINANJAPPA, 1(b) HONAPPA M AGED 25 YEARS, S/O LATE MARINANJAPPA, BOTH R/AT CHIKKEGOWDANAPALYA, KENGERI HOBLI, TALAGHATTAPURA POST, BANGALORE-560 062. …APPELLANTS (BY SRI. NAGARAJU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANU SOUDHA, BENGALURU-560001 2. THE PRINCIPAL SECRETARY TO DEPARTMENT OF URBAN DEVELOPMENT, GOVERNMENT OF KARNATAKA, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1576-DB WA No. 197 of 2025 VIDHANA SOUDHA, BENGALURU-560 001 3. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, PRECINCTS, 5TH MAIN ROAD, KUMARA PARK WEST, GUTTAHALLI, BENGALURU-560 020. 4. THE SPECIAL LAND ACQUISITION OFFICER (SLAO) BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020 …RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R1 & R2; R3 & R4 ARE SERVED AND UNREPRESENTED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDERS PRODUCED AT ANNEXURE-A PASSED BY TE HONBLE SINGLE JUDGE IN WP No. 21598/2024 (LA-BDA) DATED 16.12.2024, ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:1576-DB WA No. 197 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed impugning the judgment dated 16.12.2024 passed by the learned Single Judge in W.P.No.2598/2024 filed by the predecessor in interest of the appellant. 2. The parties are referred to as per their ranking in the writ petition, for the sake of convenience. 3. The appellant/petitioner filed the writ petition impugning the notice dated 01.01.2001 issued by the Special Land Acquisition Officer, BDA. 4. The learned counsel for the appellant/petitioner submits that the said notice was not served on him and, as such, it was not binding on him. He has placed reliance on some orders which they have passed much subsequent to the date of notice. However, the BDA, in its response before the learned Single Judge stated that there were certain disputes with regard to the land in question and - 4 - HC-KAR NC: 2026:KHC:1576-DB WA No. 197 of 2025 that the land acquisition process concluded much before those disputes could be settled between the parties. 5. The appellant/petitioner has no right over the land that they can assert, either over the land or the compensation; they should assert their right in the independent proceedings. 6. We have gone through the impugned judgment and order, as well as the orders that have been relied upon by the learned counsel for the appellant/petitioner. 7. The appellant/petitioner has challenged the notice dated 01.01.2001 by filing the writ petition in the year 2024. After this Court passed an order in W.P.No.21251/2022 on 07.06.2024. Such a belated challenge to the notice before this Court cannot be entertained and therefore, the learned Single Judge has rightly dismissed the writ petition. 6. If the appellant/petitioner has any right over the compensation or land in question, he should assert his - 5 - HC-KAR NC: 2026:KHC:1576-DB WA No. 197 of 2025 right independently in appropriate proceedings, as the disputed questions of fact cannot be decided under the writ jurisdiction. We, therefore, dismiss the writ appeal. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE RKA List No.: 1 Sl No.: 10