- 1 - HC-KAR NC: 2026:KHC:10428-DB WA No. 1390 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1390 OF 2025 (BDA) BETWEEN: SRI. VENU AGED ABOUT 76 YEARS, S/O LATE. V.VENKATASWAMAPPA, R/AT NO. 42, VICTORY MANSION, 1ST MAIN ROAD, SHESHADRIPURAM, BANGALORE - 560 020. …APPELLANT (BY SRI. UDAYA HOLLA, SR. ADVOCATE FOR SRI. CHANDRA SHEKAR R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001, BY ITS SECRETARY. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARAPARK WEST, BANGALORE - 560 020. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10428-DB WA No. 1390 of 2025 3. SRI KEERTHAN S KUMAR AGED ABOUT 26YEARS S/O LATE SRI. V. SHASHIKUMAR, 4. PRAMILA SHASHIKUMAR AGED ABOUT 56 YEARS W/O LATE V. SHASHIKUMAR 5. SMT. MONICA S. KUMAR AGED ABOUT 31 YEARS D/O SMT. PRAMILA SHAHSIKUMAR AND LATE V. SHASHI KUMAR RESPONDENTS (3) TO (5) ARE RESIDING AT NO. 211, 5TH CROSS NEAR VIJAYA BANK, DOMLUR LAYOUT DOMLUR, BANGALORE - 560 071. …RESPONDENTS (BY SRI. UNNIKRISHNAN M, ADVOCATE FOR R2; SRI. S.V. GIRIDHAR, ADVOCATE FOR C/R3-R5; SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 16.07.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-22154/2023 AND CONSEQUENTLY ALLOW THE ABOVE APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. 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 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) - 3 - HC-KAR NC: 2026:KHC:10428-DB WA No. 1390 of 2025 1. The present intra Court appeal is filed impugning the order dated 16.07.2025 passed by the learned Single Judge in WP No.22154/2023 filed by the appellant. 2. The parties are referred to as per their ranking before the Writ Court for the sake of convenience. 3. According to the petitioner, he had purchased the property bearing Sy.No.54 (assigned as Sy.No.54/1) measuring 10 guntas in extent, situated at New Thippasandra Village, Krishnarajapura Hobli, Bengaluru South Taluk, presently Bengaluru East Taluk, Bengaluru, vide sale deed dated 04.10.1995 from one Kenchamma, W/o. Nanjundappa who had become owner of the said land in terms of sale deed dated 06.05.1947. 4. However, it is the case of respondent No.2-Bengaluru Development Authority (BDA), that the land in Sy.No.54/1 and several other lands where the - 4 - HC-KAR NC: 2026:KHC:10428-DB WA No. 1390 of 2025 subject matter of land acquisition proceedings of the year 1971, for formation of HAL III Stage. 5. Respondent Nos.3 to 5 have purchased the site in public auction in Sy.No.54/2 and 56/1. Therefore, the respondents' site which they have purchased in the public auction is not a part of Sy.No.54/1. 6. Considering the aforesaid submission, we are of the view that if the petitioner claims that he has title to the site in Sy.No.54/1, he should get his right decided over the said site in the civil/revenue proceedings. However, this Court cannot decide the disputed questions of fact. The question of petitioner's right over the site in Sy.No.54/1 and demarcation of his site can only be decided in appropriate civil/revenue proceedings. Therefore, we dispose of the Writ Appeal with a liberty to the petitioner to establish his right in respect of land he alleged to have purchased from the owners of the - 5 - HC-KAR NC: 2026:KHC:10428-DB WA No. 1390 of 2025 site in Sy.No.54/1 through sale deed dated 04.10.1995. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE SSD List No.: 1 Sl No.: 15