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2026 DAILYLAW 7333 (KAR)

SRI VASANTH KUMAR v. THE STATE OF KARNATAKA

WP/11381/2026 · 2026-04-28

S Sunil Dutt Yadav

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23691 WP No. 11381 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 11381 OF 2026 (LA-BDA) BETWEEN: 1. SRI VASANTH KUMAR S/O SRI KRISHNAPPA AGED ABOUT 55 YEARS, R/AT GONGADIPURA VILLAGE KODIGEHALLI POST YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK-560 091 … PETITIONER (BY SRI. VASANTH KUMAR H.T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA BENGALURU-560 001 2. THE COMMISSIONER THE BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU-560 020 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23691 WP No. 11381 of 2026 3. THE LAND ACQUISITION OFFICER THE BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU-560 020 4. THE EXECUTIVE ENGINEER THE BANGALORE DEVELOPMENT AUTHORITY BENGALURU NORTH BENGALURU-560 020 … RESPONDENTS (BY SMT. K.P. YASHODHA, AGA FOR R1; SRI K. KRISHNA, ADVOCATE FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT DATED 01.04.2026 ISSUED BY THE RESPONDENT NO.3 VIDE NO.¨É.C.¥Áæ./C.¨sÀÆ.¸Áé.C/LAC/2025-26 VIDE ANNEXURE - N AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for issuance of writ in the nature of certiorari to set aside the impugned endorsement at Annexure-N. - 3 - HC-KAR NC: 2026:KHC:23691 WP No. 11381 of 2026 2. In terms of the endorsement at Annexure-N, petitioner was called upon to furnish necessary documents in order to collect the award amount. 3. Learned counsel for the petitioner submits that petitioner would give up rights insofar as the acquired land and hand over vacant possession if reasonable time is granted. It is further submitted that if reasonable time is granted and Court passes an order, petitioner would voluntarily hand over possession as on the date stipulated. 4. Learned counsel for the respondent - BDA upon instructions submits that there is dire urgency in recovery of vacant possession as financial prejudice would be caused as tenders have already been floated for development of the land. It is further submitted that the land that is acquired is required to be developed at the earliest as it constitutes access and is also part of land whereby amenities would be provided to the site holders of the layout. - 4 - HC-KAR NC: 2026:KHC:23691 WP No. 11381 of 2026 5. Various contentions have been raised by both sides. The dispute itself could be resolved in light of submission of both sides. 6. After hearing the matter for sometime, upon suggestion of the Court, both sides request the Court to pass appropriate orders and the same would be adhered to. 7. In light of the request of the petitioner for reasonable time as also the request of the learned counsel for BDA for recovery of vacant possession at the earliest, the following order is passed: ORDER (i) Petitioner to vacate and hand over vacant possession of the structure constituted in Sy. No. 135 of Kodigehalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk, which is in possession of the petitioner within a period of 2 months from today. Necessary affidavit to be filed within 2 days. - 5 - HC-KAR NC: 2026:KHC:23691 WP No. 11381 of 2026 (ii) Petitioner not to pursue any other proceedings against the respondent - BDA insofar as the notified area is concerned. Petitioner has already stated that he has not challenged the notification. (iii) Necessary report to be filed before the Registry once possession is handed over. (iv) It is necessary to note that the extent of property acquired is 3 acres 26 guntas out of total extent of 4 acres. Respondent - BDA to take note of the acquired extent as 3 acres 36 guntas in light of the assertion of the petitioner that he has an extent of 4 guntas outside the acquired land. In light of the above, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VP