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2026 DAILYLAW 6428 (KAR)

SRI. G. SIDDAGANGAIAH v. STATE OF KARNATAKA

WP/35008/2025 · 2026-03-13

M Nagaprasanna, R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15146-DB WP No. 35008 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE R DEVDAS AND THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 35008 OF 2025 (LA-BDA) BETWEEN: SRI. G. SIDDAGANGAIAH SON OF LATE. GANGAIAH AGED ABOUT 86 YEARS R/A NO.820, GAYATHRI NILAYA, JALAHALLI, HESSARAGATTHA, BENGALURU 560 097. …PETITIONER (BY SRI. ROHAN HOSMATH., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VIDHANA SOUDHA REP. BY ITS SECRETARY 2. BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T. CHOWDIAH ROAD, BENGALURU - 560 020 REP. BY ITS COMMISSIONER Digitally signed by YASHODA K L Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15146-DB WP No. 35008 of 2025 3. SPECIAL LAND ACQUISITION OFFICER DR. K SHIVARAM KARANTH LAYOUT OFFICE OF BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T. CHOWDIAH ROAD, BENGALURU - 560 020 4. ASSISTANT EXECUTIVE ENGINEER DR. K SHIVARAM KARANTH LAYOUT OFFICE OF BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T. CHOWDIAH ROAD, BENGALURU - 560 020. …RESPONDENTS (BY SRI. M.RAJAKUMAR., AGA FOR R1 SRI. SHIVAPRASAD.M.SHANTANAGOUDAR., ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DECLARATION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT DT.04.07.2025 BEARING NO.BEM.AA.PRA/KA.AA/D.S.K.L/218/205-26, ISSUED BY THE R2 INSOFAR AS THE SCHEDULE PROPERTY PRODUCED AT ANNEXURE-H AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15146-DB WP No. 35008 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS and HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayers; (a) Issue a writ, order or declaration in the nature of certiorari quashing the impugned endorsement dated 04.07.2025 bearing No.Bem.Aa.Pra/Ka.Aa/D.S.K.L/ 218/2025-26, issued by the Respondent No.2 insofar as the schedule property produced at Annexure-H; (b) Issue a writ, order or direction in the nature of mandamus to allot an equivalent extent of developed site on land-to-land basis and pay additional compensation for the building which was demolished; (c) Issue any other writ, order directions as may be necessary in the interest of justice and equity. - 4 - HC-KAR NC: 2026:KHC:15146-DB WP No. 35008 of 2025 2. Heard Sri Rohan Hosamath, learned counsel appearing for the petitioners, Sri M.Rajkumar, learned Additional Government Advocate appearing for respondent – State and Sri Shivaprasad.M.Shanthanagoundar, learned counsel appearing for respondents –Bangalore Development Authority and have perused the material on record. 3. The learned counsel Sri Rohan Hosmath, appearing for the petitioner taking this Court to the documents appended to the petition would seek to demonstrate that issue in this petition stands covered by a particular order passed by this court in W.P.No.20971/2022 disposed of on 04.12.2024. The learned counsel would further submit that the endorsement that was issued by the Bangalore Development Authority should stand quashed in the light of the issue answered in the aforesaid order. 4. The learned counsel Sri Shivaprasad. M. Shantanagoudar, representing the Bangalore Development - 5 - HC-KAR NC: 2026:KHC:15146-DB WP No. 35008 of 2025 Authority would submit that the Bopaiah Committee now is empowered by this Court to go into the details of whether the constructions existed prior to the notification or have come up after the notification. In that light, the matter also could be referred back to the Bopaiah Committee for a factual assessment with regard to the existence of the structures/building prior to the notification or after the notification. 5. This Court, while entertaining the petition, has granted an interim order of status quo to be maintained by the parties till the proceedings would conclude in the light of the matter being remitted back to the hands of the Bopaiah Committee for consideration afresh to bear in mind the observations made in the course of the order, we deem it appropriate to dispose the subject petition with a direction to the Bopaiah Committee to enter upon the issue of whether the subject construction has come up prior to the notification or after the notification and pass necessary orders thereon. The committee shall decide the - 6 - HC-KAR NC: 2026:KHC:15146-DB WP No. 35008 of 2025 issue as is indicated herein above with an outer limit of two months from the date of receipt of a copy of the order if not earlier, in accordance with law. Till such time, the status quo in the subject petition shall continue. 6. In the event, the committee would conclude that construction in the subject land has come up prior to the final notification, the Bangalore Development Authority shall grant benefit to the petitioners in accordance with law as is done in other cases. 7. In the light of the aforesaid observations, as a matter of form, the impugned endorsement stands quashed. Sd/- (R. DEVDAS) JUDGE Sd/- (M. NAGAPRASANNA) JUDGE KLY CT: JL