- 1 - HC-KAR NC: 2026:KHC:17038-DB WA No. 767 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 767 OF 2021 (LA-BDA) BETWEEN: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BENGALURU - 560 020. 2. THE DEPUTY COMMISSIONER FOR LAND ACQUISITION BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BENGALURU - 560 020. …APPELLANTS (BY SRI. SACHIN B.S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, M.S. BUILDING BENGALURU - 560 001. 2. SRI. GULLAPPA S/O LATE VENKATAPPA AGED ABOUT 82 YEARS, Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA - 2 - HC-KAR NC: 2026:KHC:17038-DB WA No. 767 of 2021 3. SRI. G. NARAYAN SWAMY S/O LATE VENKATAPPA AGED 52 YEARS, 4. SRI. G. ASHOK REDDY S/O LATE GULLAPPA AGED 49 YEARS, ALL ARE R/AT RAMAIAH GARDEN BANNERUGHATTA ROAD, HULIMAVU BENGALURU - 560 076. 5. SRI. T. PURUSHOTHAM S/O. LATE THIMMAPPAREDDY, AGE 60 YEARS, HULIMAVU VILLAGE, BEGURU HOBLI, BANGALORE SOUTH TQ - 560 076. …RESPONDENTS (BY SMT. PRAMODINI KISHAN, AGA FOR R1; SRI. H.N. BASAVARAJU, ADVOCATE FOR R3 AND R4) THIS W.A. IS FILED UNDER SEC.4 OF KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN WRIT PETITION NO.18154/2014 AND SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.18154/2014 VIDE ORDER DATED 12.11.2020. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is filed seeking following reliefs: - 3 - HC-KAR NC: 2026:KHC:17038-DB WA No. 767 of 2021 "a) Call for records in Writ Petition No.18154/2014 and set aside the impugned order passed by the learned Single Judge in W.P.No.18154/2014 vide order dated 12.11.2020. b) Issue writ or order and pass such other relief/s as this Hon'ble Court deems fit to pass in the circumstances of the case in the interest of justice and equity." 2. We have heard the learned senior counsel appearing for appellants as well as learned Senior Counsel for respondents. 3. It is submitted by the learned counsel for respondents that the acquisition in the instant case is for the purpose of forming of BTM 6th Stage layout by the Bengaluru Development Authority. It is submitted that the lands involved in this case is 1 acre and 4 guntas of land in Sy.No.47/2 of Hulimaavu Village, Begur Hobli, Bengaluru South Taluk, Bengaluru. 4. It is submitted that in respect of 3 acres and 5 guntas of land in the very same survey number and in - 4 - HC-KAR NC: 2026:KHC:17038-DB WA No. 767 of 2021 respect of very same village in respect of same Notification, a challenge was raised in WP No.55991/2015, which was allowed by the learned Single Judge by judgment dated 18.09.2017. The scheme in respect of the land bearing Sy.No.47/2 was found to have lapsed and the acquisition was found to have been abandoned. The said judgment of the learned Single Judge was taken up in Writ Appeal No.6936/2017 and by judgment dated 16.08.2018, the Division Bench of this Court considered the matter and opined that since the Government had utilized only a fraction of land which was acquired and the scheme was never implemented in toto, the finding that the acquisition stood abandoned in respect of land in Sy.No.47/2 could not be faulted. The appeal was accordingly dismissed. The matter was taken up before the Hon'ble Supreme Court in SLP Nos.19776/2019 connected with SLP No.18966/2019 and other matters. By order dated 12.10.2022, the SLPs were also dismissed. - 5 - HC-KAR NC: 2026:KHC:17038-DB WA No. 767 of 2021 5. Having considered the contentions advanced, we notice that the acquisition in respect of land comprised in Sy.No.47/2 of Hulimavu Village, Begur Hobli, Bengaluru South Taluk, Bengaluru, is held to have been lapsed abandoned. In view of the fact that the dispute in this Writ Appeal is also in respect of 1 acre and 4 guntas of land in Sy.No.47/2 of Hulimavu Village, Begur Hobli, Bengaluru South Taluk, Bengaluru, covered by the very same Notification, we are of the opinion that nothing survives for consideration in this appeal. Accordingly, this appeal is dismissed. All pending interlocutory applications stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE SSD List No.: 1 Sl No.:14.1