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2026 DAILYLAW 6807 (KAR)

SRI.RAMANAGOUDA BIRDAR v. THE STATE OF KARNATAKA

WP/30586/2025 · 2026-02-06

M Nagaprasanna, R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:7301-DB WP No. 30586 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE R DEVDAS AND THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 30586 OF 2025 (LA-BDA) BETWEEN: 1. SRI RAMANAGOUDA BIRDAR S/O SRI SHANKARAGOUDA BIRDAR AGED ABOUT 43 YEARS R/AT NO.2/1, 6TH CROSS A DASARAHALLI, MAGADI MAIN ROAD NEAR RAHEJA PARK BENGALURU – 560 079. 2. SRI MAHANTESH R.HOSPETI AGED ABOUT 47 YEARS S/O RAMAGOUDA C.HOSPETI R/AT NO.491,5TH MAIN ROAD NEAR KRUTHIKA DRY CLEANERS TATANAGAR KODIGEHALLI POST BENGALURU – 560 092. 3. SMT. MANJULA MAHANTESH HOSPETI W/O MAHANTESH R.HOSPETI AGED ABOUT 46 YEARS R/AT NO.491, 5TH MAIN ROAD NEAR KRUTHIKA DRY CLEANERS TATANAGAR KODIGEHALLI POST BENGALURU – 560 092. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7301-DB WP No. 30586 of 2025 4. SRI PRODIPTA KUMAR SAHA S/O SUNIL KUMAR SAHA AGED ABOUT 55 YEARS R/AT FLAT NO.401, ANU PLAZA C RAMACHANDRAPURA, VIDYARANYAPURA BENGALURU – 560 097. 5. SMT. ARPITA SAHA W/O PRODIPTA KYMAR SAHA AGED ABOUT 50 YEARS R/AT FLAT NO.401, ANU PLAZA C.RAMACHANDRAPURA, VIDYARANYAPURA BENGALURU – 560 097. …PETITIONERS (BY SRI SANDEEP LAHIRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN LAND DEVELOPMENT DEPARTMENT VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD, KUMARA PARK WEST BENGALURU – 560 002 REPRESENTED BY ITS COMMISSIONER. 3. THE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, BENGALURU – 560 020 REPRESENTED BY ITS COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER. …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:7301-DB WP No. 30586 of 2025 (BY SRI M.RAJAKUMAR, AGA FOR R1; SRI SHIVAPRASAD M.SHANTANAGOUDAR, ADVOCATER FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION TO THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED 23.07.2025 AND THEREBY DIRECT THE BDA TO REALLOT THE SAME SITES HELD BY THE PETITIONERS IN THE MEHI ENCLAVE LAYOUT, NOW FALLING WITHIN THE SHIVARAM KARANTH LAYOUT, IN RECOGNITION OF THEIR VOLUNTARY SURRENDER AND LONG-STANDING POSSESSION IN THE INTEREST OF JUSTICE AND EQUITY (ANNEXURE A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS and HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA) Heard Sri Sandeep Lahiri, learned counsel for petitioner, Sri M. Rajakumar, learned Additional Government Advocate for respondent No.1 and Sri Shivaprasad M. Shantanagoudar, learned standing counsel for respondent Nos.2 and 3. - 4 - HC-KAR NC: 2026:KHC:7301-DB WP No. 30586 of 2025 2. Sri Sandeep Lahiri, learned counsel for the petitioners submits that the petitioners have converted the subject land from agricultural to residential purpose on 18.11.2008, before the issuance of the preliminary notification dated 30.12.2008 and the final notification. The petitioner submitted representation for re-allotment of sites in Dr.Shivarama Karanth Layout, as they have voluntarily surrendered the long standing possession of the subject property. The representation not having met its consideration, has preferred this petition before this Court. 3. Sri Shivaprasad Shantanagoudar, learned counsel for the respondents – BDA submits that if reasonable time is granted, the representation of the petitioners would be considered and necessary orders would be passed in accordance with law. 4. In the light of the aforesaid submission, we deem it appropriate to pass the following: ORDER a. The writ petition is allowed. - 5 - HC-KAR NC: 2026:KHC:7301-DB WP No. 30586 of 2025 b. The respondents – Bangalore Development Authority to consider the representation submitted by the petitioner on 23.07.2025, within a period of twelve weeks, from the date of receipt of a copy of the order. c. The respondents – Bangalore Development Authority shall also communicate the order that would be passed on the representation, to the petitioners. d. Till the consideration of the representation happens, the parties are directed to maintain status quo, qua the properties of the petitioners. Ordered accordingly. Sd/- (R DEVDAS) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE nvj List No.: 1 Sl No.: 59