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2026 DAILYLAW 9750 (KAR)

SRI T S S N MANJUNATH RAO v. BANGALORE DEVELOPMENT AUTHORITY

WA/487/2024 · 2026-02-19

D K Singh, S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10559-DB WA No. 487 of 2024 C/W WA No. 468 of 2024 WA No. 483 of 2024 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. 487 OF 2024 (BDA) C/W WRIT APPEAL NO. 468 OF 2024 WRIT APPEAL NO. 483 OF 2024 IN WA No. 487/2024 BETWEEN: 1. SRI T S S N MANJUNATH RAO S/O T HARIHARA RAO AGED ABOUT 54 YEARS OLD HAVING PERMANANT ADDRESS AT NO 311, 5TH MAIN, 1ST STAGE BEML LAYOUT, BASAVESHWARANAGAR BENGALURU 560079 …APPELLANT (BY SRI. DEEPAK BHASKAR., ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY THROUGH ITS COMMISSIONER T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU 560020 2. STATE OF KARNATAKA THROUGH THE URBAN Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10559-DB WA No. 487 of 2024 C/W WA No. 468 of 2024 WA No. 483 of 2024 DEVELOPMENT DEPARTMENT REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY HAVING ADDRESS AT NO 436 VIKASA SOUDHA DR AMBEDKAR VEEDHI BENGALURU 560001 …RESPONDENTS (BY SRI. SACHIN B S., ADVOCATE FOR R1; SRI. MOHAMMAD JAFFAR SHAH, ADVOCATE FOR R2) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, SET ASIDE THE IMPUGNED ORDER, VIZ, ORDER DATED 19TH FEBRUARY, 2024 AS PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No.20847/2019(BDA), ETC. IN WA NO. 468/2024 BETWEEN: 1. MRS INDUMATHI BABU SHEKAR AGED ABOUT 70 YEARS OLD W/O LATE G BABU SHEKAR, 687, 10TH CROSS, 7TH MAIN MICO LAYOUT, OPP INDIA WATER WORKS ASSOCIATIONS, BTM LAYOUT 2ND STAGE, BANNERGHATTA ROAD, BANGALORE. 2. MR HEMANTH BABU SHEKAR AGED ABOUT 42 YEARS OLD, S/O LATE G BABU SHEKAR, HAVING PERMANENT ADDRESS AT, 687, 10TH CROSS, 7TH MAIN MICO LAYOUT, OPP INDIA WATER WORKS ASSOCIATIONS, BTM LAYOUT 2ND STAGE, BANNERGHATTA ROAD, BANGALORE. ...APPELLANTS (BY SRI. DEEPAK BHASKAR., ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:10559-DB WA No. 487 of 2024 C/W WA No. 468 of 2024 WA No. 483 of 2024 AND: 1. BANGALORE DEVELOPMENT AUTHORITY THROUGH ITS COMMISSIONER, T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. 2. STATE OF KARNATAKA THROUGH THE URBAN DEVELOPMENT DEPARTMENT, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, HAVING ADDRESS AT NO. 436, VIKASA SOUDHA, DR AMBEDKAR VEEDHI, BENGALURU - 560 001. ...RESPONDENTS (BY SRI. SACHIN B S., ADVOCATE FOR R1; SRI. MOHAMMAD JAFFAR SHAH, ADVOCATE FOR R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER, VIZ., ORDER DATED 19/02/2024 AS PASSED BY THE LEARNED SINGLE JUDGE IN WP NO. 8982/2021, ETC. IN WA NO. 483/2024 BETWEEN: 1. SMT MANJULA R SHETTY W/O M C R SHETTY AGED ABOUT 58 YEARS OLD, RESIDING AT OM, 587 A, 3RD STAGE, 3RD BLOCK, BASAVESWARANAGAR, 6TH A MAIN ROAD, BENGALURU - 560 079 ...APPELLANT (BY SRI. DEEPAK BHASKAR., ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:10559-DB WA No. 487 of 2024 C/W WA No. 468 of 2024 WA No. 483 of 2024 AND: 1. BANGALORE DEVELOPMENT AUTHORITY THROUGH ITS COMMISSIONER, T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. 2. STATE OF KARNATAKA THROUGH THE URBAN DEVELOPMENT DEPARTMENT, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, HAVING ADDRESS AT NO. 436, VIKASA SOUDHA, DR AMBEDKAR VEEDHI, BENGALURU - 560 001. ...RESPONDENTS (BY SRI. SACHIN B S., ADVOCATE for R1; SRI. MOHAMMAD JAFFAR SHAH, ADVOCATE FOR R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER VIZ., ORDER DATED 19.02.2024 AS PASSED BY THE LEARNED SINGLE JUDGE IN WP.No.20842/2019(BDA), ETC. THESE APPEALS, 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) The present intra Court appeals have been filed impugning the judgment and order dated 19.02.2024 passed - 5 - HC-KAR NC: 2026:KHC:10559-DB WA No. 487 of 2024 C/W WA No. 468 of 2024 WA No. 483 of 2024 by the learned Single Judge in W.P.Nos.20847/2019 and connected writ petitions. 2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. 3. The petitioners in the said writ petition were allotted sites bearing Nos.1524, 1525 and 1526 in Arakavathi Layout, 7th block in the year 2006. 4. Because of realignment, the petitioners were informed that the sites allotted to them no longer are on the ground and therefore, the petitioners filed three writ petitions for issuing writ of mandamus commanding the Bangalore Development Authority (BDA) to not to interfere with the petitioners' right over the sites bearing Nos.1524, 1525 and 1526 in Arkavathy Layout 7th block, for which sale deeds were executed in favour of the petitioners and the petitioners had deposited the amount of sale consideration. 5. The stand of the BDA was that due to realignment of the drainage, the land in respect of which the sites were - 6 - HC-KAR NC: 2026:KHC:10559-DB WA No. 487 of 2024 C/W WA No. 468 of 2024 WA No. 483 of 2024 allotted to the petitioners was not available on the ground and therefore, the petitioners were informed accordingly. 6. The learned Single Judge, considering all these facts, has directed the BDA that after allotting the sites in favour of the land losers in Arkavathy layout as per the recommendation of Hon'ble Justice K. N. Keshavanarayana Committee, if any sites are available, the same shall be allotted to the petitioners immediately and the sites reserved in their favour in Nadaprabhu Kempegowda Layout should be cancelled. 7. It is not in dispute that there are lands which are undisputed now in Arkavathy layout. The petitioners were allotted the sites way back in 2006, for which the sale deeds came to be executed in their favour. Therefore, the petitioner should be allotted the sites in Arkavathy Layout itself, where there is no dispute pending. 8. Therefore, we dispose of these appeals with direction to the BDA to allot the sites to the petitioners/appellants herein in Arkavathy Layout, where the lands are not in dispute. - 7 - HC-KAR NC: 2026:KHC:10559-DB WA No. 487 of 2024 C/W WA No. 468 of 2024 WA No. 483 of 2024 9. The said direction should not be treated as binding precedent, inasmuch as the direction has been issued considering the peculiar facts and circumstances. The allotment of the sites should be made within a period of three months. 10. In view of the disposal of the appeals, all pending applications also stands disposed off. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE RKA List No.: 1 Sl No.: 23