Karnataka High Court
Smt Manjula vs State Of Karnataka on 11 February, 2025
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2025:KHC:6017
WP No. 2464 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 2464 OF 2025 (LA-BDA)
BETWEEN:
1. SMT. MANJULA,
D/O GIRIYAPPA,
AGED ABOUT 35 YEARS,
2. SMT.SUVARNA,
D/O. GIRIYAPPA,
AGED ABOUT 29 YEARS,
3. SRI. RENUKA KUMARA,
S/O. GIRIYAPPA,
AGED ABOUT 32 YEARS,
ALL ARE R/AT. NO.285,
HARIJANA COLONY, KODIGEHALLI VILLAGE,
YESHWANTHAPURA HOBLI,
Digitally signed
by SUMA B N BENGALURU NORTH TALUK,
Location: High
Court of BENGALURU - 560 091.
Karnataka
...PETITIONERS
(BY SRI. VASANTH KUMAR H.T., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
DEPARTMENT OF URBAN AND DEVELOPMENT,
VIKASA SOUDHA,
BENGALURU - 560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
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WP No. 2464 of 2025
2. THE BENGALURU DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD,
KUMARA PARK WEST,
BENGALURU - 560 020.
REPRESENTED BY ITS COMMISSIONER.
3. THE SPECIAL LAND ACQUISITION OFFICER,
BENGALURU DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD,
KUMARA PARK WEST,
BENGALURU - 560 020.
4. THE EXECUTIVE ENGINEER,
NO.1, SUB-DIVISION WEST,
2ND FLOOR, METRO PILLAR NO.594,
BENGALURU - MYSURU ROAD,
BENGALURU DEVELOPMENT AUTHORITY,
BENGALURU - 560 020.
...RESPONDENTS
(BY SMT.SPOORTHY HEGDE N., HCGP FOR R1;
SRI.N.R.GIRISH, ADVOCATE FOR R2 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT TO CONSIDER THE REPRESENTATION OF THE
PETITIONERs DATED 26.09.2010 VIDE ANNEXURE - L AND
ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
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WP No. 2464 of 2025
ORAL ORDER
Petitioners No.1 and 2 claiming to be the owners to
an extent of 1¼ guntas of land each while petitioner No.3
to be the owner of 10½ guntas of land in Survey No.53
situated at Kodigehalli Village, Yeshwanthapura Hobli,
Bengaluru North Taluk in terms of Deed of Release dated
02.03.2019 executed by their father Sri Giriyappa, are
before this Court, seeking following reliefs:
"a) Issue a writ of mandamus directing
the Respondents to consider the
representation of the Petitioner dated
26.09.2010 vide Annexure - L.
b) Issue a writ of mandamus directing
the Respondents to drop the 1 ¼ guntas of
land of the 1st Petitioner and to an extent of
1 ¼ guntas of the 2nd Petitioner and to an
extent of 10 ½ guntas of the 3rd Petitioner
situated at Kodigehalli Village,
Yeshwanthapura Hobli, Bengaluru North
Taluk from the acquisition.
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c) Issue a writ of mandamus directing
the Respondents to collect the betterment
charges to the Petitioner's land which were
already left out from the acquisition as per
their own sketch vide Annexure - P in
Sy.No.53/2P situated at Kodigehalli Village,
Yeshwanthapura Hobli, Bengaluru North
Taluk."
3. The aforesaid land in Survey No.53 of which the
land belonging to the petitioners' formed part of schedule
property was acquired by the respondents-BDA for the
purpose of formation of Naadaprabhu Kempegowda
Layout.
4. Learned counsel for the petitioners submit that
the subject matter of this writ petition is covered by the
judgment and order dated 22.02.2024 passed by the
Division Bench of this Court in W.A.No.1783/2014 along
with connected appeals in which certain directions have
been issued by the Division Bench of this Court including
consideration of the request of the persons as that of the
petitioners for deletion of their land. He submits that
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similar benefit be extended to the petitioners in this case
as well.
5. Learned counsel for the respondents-BDA does
not dispute therefore, legal aspect of the matter.
6. In view of the above, the following:-
ORDER
(i) The writ petition is disposed of.
(ii) Petitioners are at liberty to file fresh
representation in their name to the respondents-
authorities in terms of the directions issued by the
Division Bench of this Court in its order dated
22.02.2024 passed in W.A.No.1783/2014 along with
connected appeals, within a period of 30 days from
the date of receipt of a copy of this order.
(iii) The Respondents-BDA shall consider the
application of the petitioners individually and on
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petitioners complying/satisfying requirement as
provided under law and as observed by Division
Bench in the aforesaid order and pass appropriate
orders within the period as contemplated
thereunder.
(iv) Respondents-authority shall not take any
precipitative action till the consideration of the
representation to be made by the petitioner as
directed above.
Sd/-
(M.G.S. KAMAL)
JUDGE
PSJ
