Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:4263-DB WA No. 1118 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1118 OF 2024 (LA-BDA)
BETWEEN:
1. SURESH BABU S.
S/O HARINATH S., AGED ABOUT 46 YEARS,
2. SMT. M. VEENA W/O SURESH BABU S., AGED ABOUT 33 YEARS,
BOTH ARE R/O NO.14146, 31/32, NANJUNDESWAR LAYOUT, KODIGEHALLI, YASWANTAPURA HOBLI, BENGALURU-560 091. …APPELLANTS
(BY SRI. HALLI SHANTAPPA BASAPPA, ADVOCATE (P/H))
AND:
1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, BENGALURU-560 020. 2. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, BENGALURU-560 020. Digitally signed by NANDINI M S Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:4263-DB WA No. 1118 of 2024
3. CHIEF SECRETARY URBAN DEVELOPMENT, GOVERNMENT OF KARNATAKA, VIDHAN SOUDHA, DR. AMBEDKAR ROAD, BENGALURU-560 001. …RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R3 (P/H);
SRI. K. KRISHNA, ADVOCATE FOR R1 & R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT, IN WRIT PETITION NO.24608/2023 DATED 14.12.2023. 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 S RACHAIAH
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
1. The present intra-Court appeal has been filed impugning the judgment and order dated 14.12.2023 passed by the Hon'ble Single Judge in W.P.No.24608/2023 filed by the appellant herein. - 3 -
HC-KAR NC: 2026:KHC:4263-DB WA No. 1118 of 2024
2. The parties are referred to as per their ranking before the Writ Court for the sake of convenience. 3. The Government had issued preliminary notification on 21.05.2008 for acquiring the lands including the land in Survey No.108 situated at Kodigehalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk for formation of Nadaprabhu Kempegowda Layout. The final notification came to be issued on 18.02.2010. The landowners had challenged the land acquisition in respect of their lands by filing writ petition No.30442/2010 and other connected writ petitions. 4. This Court dispose of the said writ petitions directing the Bengaluru Development Authority to consider the representations of the landowners for withdrawal of the notification in respect of the Petitioners’ land in the aforesaid writ petitions.
The petitioners had purchased the land from the subsequent purchaser from landowner through a sale deed dated 29.03.2023 and thereafter, the petitioner had
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HC-KAR NC: 2026:KHC:4263-DB WA No. 1118 of 2024
submitted representation on 05.08.2023 requesting for deletion of Site No.150 measuring 30 x 40 feet situated in Survey No.108 of Kodigehalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk. When their representation was not being considered, the petitioners had filed the writ petition No.24608/2023 with following prayers:
“(a) Issue a writ of mandamus directing the respondents to delete the assessment no.108, site bearing no.150, measuring 30 X 40 feet situated at Kodigehalli Village, Yaswantapura Hobli, Bengaluru North Taluk of the petitioners from the acquisition by collecting the development/betterment charges by considering the representation of the petitioner dated 05.08.2023, vide Annexure-Н; (b) Further be directed the respondents to extend the same treatment extended to other petitioners in W.P.no.31198-31212/2010, W.P.no.30442/2010, W.P.no.47405-407/2011, W.P.no.1822-834/2018 and W.P.no.35909/2019 and same is marked as Annexure-L, L1, L2, L3 and L4 and etc.”
5. The learned Single Judge having considered the fact that the preliminary and final notifications in respect of the lands were issued way back in 2008 and 2010 respectively, and the petitioners had purchased the
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HC-KAR NC: 2026:KHC:4263-DB WA No. 1118 of 2024
land which was the subject matter of final notification from the subsequent purchaser from the original landowner on 29.03.2023, he would not have any right to seek for deletion of the land. 6. The law is well settled that a subsequent purchaser does not have right and seek for deletion of the land which is subject matter of land acquisition. The acquisition proceedings got finalized way back in 2010 when the final notification came to be issued. The petitioners had purchased only litigation and not the land in as much as he has purchased the property in 2023, almost after 13 years from the date of the final notification. 7.
In view thereof, the learned Single Judge has rightly dismissed the writ petition, and we see no reason to interfere with the impugned order. If the petitioner has any right over the land, he can seek the compensation, if it is already not dispersed to the
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HC-KAR NC: 2026:KHC:4263-DB WA No. 1118 of 2024
previous owners or take appropriate proceedings against the predecessor-in-interest. Writ appeal is disposed of. All pending IAs also stand disposed of. Sd/- (D K SINGH) JUDGE
Sd/- (S RACHAIAH) JUDGE
HB List No.: 1 Sl No.: 11