Karnataka High Court
Sri K V Sriramaswamy vs The State Of Karnataka on 2 June, 2025
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2025:KHC:18562-DB
WA No. 2927 of 2013
C/W WA No. 2895 of 2013
WA No. 5593 of 2013
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2025
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE T.M.NADAF
WRIT APPEAL NO.2927/2013 (LA-BDA)
C/W
WRIT APPEAL NO.2895/2013 (LA-BDA) AND
WRIT APPEAL NO.5593/2013 (LA-BDA)
IN WA NO. 2927/2013
BETWEEN:
1. SRI K V SRIRAMASWAMY
S/O.LATE K R VASANTHAIAH,
AGED 57 YEARS,
R/O NO.201, 2ND FLOOR,
SRI SAI NILAYA APARTMENTS,
14TH MAIN, J P NAGAR, 7TH PHASE,
BANGALORE-560078.
Digitally signed
by 2. SRI R NAGARAJ
MARIGANGAIAH S/O. SRI. C. RAGHUNATHA GOWDA,
PREMAKUMARI AGED 43 YEARS,
Location: HIGH R/O NO.110, 38TH MAIN,
COURT OF ROSE GARDEN,
KARNATAKA
6TH PHASE, J P NAGAR,
BANGALORE-560078.
3. G VENKATESH
S/O LATE GAVIGOWDA,
AGED 47 YEARS,
R/O NO.233, 9TH BLOCK,
PWD QUARTERS, WILSON GARDEN,
BANGALORE-560029.
4. SMT. ASGARI BEGUM
W/O LAYAKATH ALI,
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AGED 53 YEARS,
R/O NO.319, BTM VI STAGE,
II PHASE, I BLOCK, BANGALORE.
5. R BABU
S/O RUDRAPPA NAIDU,
AGED 42 YEARS,
R/O NO.28/4, 2ND CROSS,
THAVAREKERE MAIN ROAD,
BANGALORE-560029.
6. SRI G NAGARAJ
S/O.GAVI GOWDA,
AGED 42 YEARS,
R/O M.F. NO.17/5,
CANARA BANK OFFICERS QUARTERS,
BTM LAYOUT 2ND STAGE,
BANGALORE-560078.
7. SRI N THYAGARAJ
S/O LATE NARASIMHA,
AGED 43 YEARS,
R/O NO.892, 16TH MAIN,
9TH CROSS, BTM LAYOUT,
BANGALORE-560076.
8. SMT. R NAGARATHNA
W/O SRI C. NARAYANA,
AGED 51 YEARS,
R/O NO.350, 3RD CROSS,
NEW GURAPPANA PALYA,
BANNERGHATTA ROAD,
BANGALORE-560029.
9. SRI B S SHANKAR SINGH
S/O LATE R SHIVAM SINGH,
AGED ABOUT 53 YEARS,
R/O RAGHUNATHA NILAYA,
NO.4/12, PIPE LINE,
KALAPPA BLOCK, SRINAGAR,
BANGALORE-560050.
10. SMT. B. DEVIKA
W/O B.S.SHANKAR SINGH,
AGED ABOUT 50 YEARS,
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WA No. 2927 of 2013
C/W WA No. 2895 of 2013
WA No. 5593 of 2013
HC-KAR
R/O RAGHUNATHA NILAYA,
NO.4/12, PIPE LINE,
KALAPPA BLOCK, SRINAGAR,
BANGALORE-560050.
11. D NARASIMHA MURTHY
S/O LATE SRR R DASHARATHA RAM,
AGED ABOUT 45 YEARS,
R/O NO.2091,
EAST END "B" MAIN ROAD,
9TH BLOCK, JAYANAGAR,
BANGALORE-560069.
...APPELLANTS
(BY SRI. C V KUMAR, ADV.)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT,
VIKAS SOUDHA, BANGALORE-560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST,
T CHOWEDAIAH ROAD,
BANGALORE-560001.
3. SRI H KRISHNA REDDY
S/O. HANUMAPPA,
AGED ABOUT 58 YEARS,
RESIDENT OF ARAKERE VILLAGE,
BEGUR HOBLI, BANGALORE-560076.
3.A. SMT. KANTHAMMA
W/O LATE H. KRISHNA REDDY
AGED 63 YEARS
R/O ARAKERE VILLAGE,
BEGUR HOBLI, BENGALURU - 560 076.
3.B. SRI. MANJUNATH REDDY
S/O LATE H. KRISHNA REDDY
AGED 40 YEARS
R/O ARAKERE VILLAGE,
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BEGUR HOBLI,
BENGALURU - 560 076.
3.C. K.NAGARAJ
S/O LATE H.KRISHNA REDDY
AGED 38 YEARS
R/O ARAKERE VILLAGE,
BEGUR HOBLI, BENGALURU - 560 076.
3.D. SMT. LALITHA.K
D/O LATE SRI. H. KRISHNA REDDY
AGED ABOUT 36 YEARS
R/AT NO.42, 4TH MAIN ROAD,
3RD CROSS, N.S.PALYA,
BTM 2ND PHASE, BENGALURU - 560 076.
3.E. SMT. JYOTHI.K
D/O LATE SRI.H.KRISHNA REDDY
AGED ABOUT 34 YEARS
R/AT OLD POST OFFICE ROAD,
NEAR ANJANEYA SWAMY TEMPLE,
DODDABANASAWADI,
BENGALURU - 560 003.
...RESPONDENTS
(BY SMT. MAMTHA SHETTY, AGA FOR R1
SRI UNNIKRISHNAN M. ADV. FOR R2
SRI VIKRAM HUILGOL, SR. ADV. FOR
SRI ROHAN HOSMATH, ADV. FOR R3(A-E))
THIS APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE
WRIT PETITION NO.37797/2011 DATED 3/01/2013.
IN W.A.NO. 2895/2013
BETWEEN:
1. M S HARISH
S/O MUNIRAMAIAH,
AGED ABOUT 35 YEARS,
R/AT NO.63, 8TH MAIN,
2ND CROSS, NAGENDRA BLOCK,
BANGALORE-26.
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2. SHEIK ASADULLA
S/O LATE SHEIK OMAR,
AGED ABOUT 63 YEARS,
42/5, III MAIN, BISMILLA NAGAR,
BANGALORE-29.
3. BHAGYA S
W/O SRI H VENU,
AGED ABOUT 31 YEARS,
NO.17/3, 20TH CROSS,
BTM-II STAGE, BANGALORE-76.
4. NAGARATNA R
W/O C NARAYAN,
AGED ABOUT 41 YEARS,
350, 3RD CROSS,
GURUPPANA PALYA,
BANNERGHATA ROAD,
BANGALORE-29.
5. PRAKASH GALGALI
S/O SOMAPPA GALGALI,
AGED ABOUT 30 YEARS,
R/AT NO.6,19TH CROSS,
20TH MAIN, SMS LAYOUT,
J P NAGAR, BANGALORE.
6. SAVITHA GALGALI
D/O SOMAPPA GALGALI,
AGED ABOUT 24 YEARS,
R/AT NO.6, 19TH CROSS,
20TH MAIN, SMS LAYOUT,
J P NAGAR, BANGALORE.
7. VASANTHA KUMAR T P
AGED ABOUT 48 YEARS,
S/O PUTTAPPA,
NO.1-A, GANGA PALACE
II MAIN, II CROSS,
BANNERGHATTA ROAD,
BANGALORE-76.
8. SYED WAZAHATH HUSSAIN
AGED ABOUT 35 YEARS,
S/O SYED HUSSAIN,
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REPRESENTED BY HIS GPA HOLDER
SYED INAYATH HUSSAIN,
667,13TH CROSS, 29TH MAIN,
II STAGE, BTM LAYOUT,
BANGALORE-76.
9. A FAROOKH BASHA
AGED 45 YEARS,
S/O ABDUL RAZAK,
NO.1028,16TH CROSS,
16TH MAIN, BTM 2ND STAGE,
BANGALORE-76.
10. JAYANTH KUMAR B C
AGED ABOUT 46 YEARS,
S/O V CHIKKANNA REDDY,
R/AT NO.26, C R LAYOUT,
2ND CROSS, SARAKKI MAIN,
I PHASE, J P NAGAR,
BANGALORE-78.
11. KUSUMA S D
W/O JAYANTH KUMAR
AGED ABOUT 40 YEARS,
R/AT NO.26, C R LAYOUT,
2ND CROSS, SARAKKI MAIN,
I PHASE, J P NAGAR,
BANGALORE-78.
12. DINESH KUMAR
S/O JANARDHAN,
AGED ABOUT 43 YEARS,
R/AT NO.827, II FLOOR,
12TH CROSS, 16TH MAIN,
BANGALORE-76.
13. ASHISH KUMAR
S/O ARJUN KUMAR MAHANTHA,
AGED ABOUT 26 YEARS,
R/AT NO.3611, 7TH MAIN,
4TH CROSS, RP ROAD,
NANJANGUD, MYSORE DISTRICT.
14. S VANI W/O ASHISH KUMAR
AGED ABOUT 27 YEARS,
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R/T NO.3611, 7TH MAIN,
4TH CROSS, RP ROAD,
NANJANGUD, MYSORE DISTRICT.
15. SAVITHRI W/O SRI H RAJENDRA,
AGED ABOUT 49 YEARS,
NO.5, 7TH A MAIN ROAD,
6TH CROSS, N S PALYA,
BANGALORE-76.
...APPELLANTS
AND:
1. STATE OF KARNATAKA
BY SECRETARY TO THE
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
VIDHANA SOUDHA,
BANGALORE-01.
2. THE BANGALORE DEVELOPMENT AUTHORITY
BY ITS COMMISSIONER
KUMARA PARK WEST,
BANGALORE-01.
3. SRI KRISHNA REDDY
S/O HANUMAPPA,
AGED ABOUT 60 YEARS,
ARAKERE VILLAGE,
BEGUR HOBLI, BANGALORE-76.
SINCE DECEASED BY LRS
3.A. SMT. KANTHAMMA
W/O LATE H.KRISHNA REDDY
AGED 63 YEARS
R/O ARAKERE VILLAGE,
BEGUR HOBLI, BENGALURU - 560 076.
3.B. SRI. MANJUNATHA REDDY
S/O LATE H.KRISHNA REDDY
AGED 40 YEARS
R/O ARAKERE VILLAGE,
BEGUR HOBLI, BENGALURU - 560 076.
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3.C. SRI. MUNI REDDY
S/O LATE H.KRISHNA REDDY
AGED 38 YEARS
R/O ARAKERE VILLAGE,
BEGUR HOBLI, BENGALURU - 560 076.
3.D. SMT. LALITHA.K
D/O LATE SRI.H. KRISHNA REDDY
AGED ABOUT 36 YEARS
R/AT NO.42, 4TH MAIN ROAD,
3RD CROSS, N.S.PALYA,
BTM 2ND PHASE, BENGALURU - 560 076.
3.5. SMT. JYOTHI.K
D/O LATE SRI.H.KRISHNA REDDY
AGED ABOUT 36 YEARS
R/AT OLD POST OFFICE ROAD,
NEAR ANJANEYA SWAMY TEMPLE,
DODDABANASAWADI,
BENGALURU - 560 043.
...RESPONDENTS
(BY SMT. MAMTHA SHETTY, AGA FOR R1
SRI UNNIKRISHNAN M. ADV. FOR R2
SRI VIKRAM HUILGOL, SR. ADV. FOR
SRI ROHAN HOSMATH, ADV. FOR R3(A-E))
THIS APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT
PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION
NO.37797/2011 (LA-BDA) DATED 03/01/2013.
IN W.A.NO.5593/2013
BETWEEN:
THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE-1.
...APPELLANT
(BY SMT. MAMATHA SHEETY, AGA)
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C/W WA No. 2895 of 2013
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HC-KAR
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST,
T.CHOWDAIAH ROAD,
BANGALORE-560001.
2. SHRI H KRISHNA REDDY
SON OF HANUMAPPA,
AGED ABOUT 60 YEARS,
RESIDENT OF ARAKERE VILLAGE,
BEGUR HOBLI,
BANGALORE-560076.
...RESPONDENTS
(BY SRI. UNNIKRISHNAN M., ADV. FOR R1
SRI VIKRAM HUILGOL, SR. ADV. FOR
SRI ROHAN HOSMATH, ADV. FOR R2)
THIS APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT
PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION
37797/11 DATED 03/01/2013.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
AND
HON'BLE MR JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
The above writ appeals are filed, questioning the
correctness and legality of the common order dated
03.01.2013 passed in W.P.No.37797/2011 whereunder,
O.M. dated 13.06.2011 withdrawing notification dated
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02.09.2010 issued under Section 48(1) of the Karnataka
Land Acquisition Act, 1894 (for short "the Act")
de-notifying the acquired lands, was quashed.
2. Though the matters are listed for orders, with the
consent of learned counsel appearing for the parties, the
appeals are taken up for disposal.
3. Heard learned counsel Sri.C.V.Kumar for appellants
in W.A.No.2927/2013, Smt.Mamatha Shetty, learned AGA
for respondent No.1, Sri.Unnikrishnan, learned counsel for
respondent No.2/Bangalore Development Authority ("BDA"
for short); Sri.Vikram Huilgol, learned senior counsel for
Sri.Rohan Hosmath, learned counsel for legal
representatives of respondent No.3, the original petitioner
before the writ court in W.A.No.2927/2013 and
W.A.No.2895/2013 and Smt.Mamatha Shetty, learned
AGA for the appellant, Sri.Unnikrishnan, learned counsel
for respondent No.1/BDA and Sri.H.N.Basavaraju, learned
counsel for respondent No.2 in W.A.No.5593/2013.
Perused the writ appeal papers including the affidavit filed
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by the legal representatives of the original petitioner dated
26.06.2024.
4. The writ petition was filed questioning the O.M. dated
13.06.2011 by which, the notification issued under Section
48(1) of the Act was withdrawn. Initially, the lands were
acquired under Notification dated 28.07.1990 under the
provisions of Bangalore Development Authority Act for
formation of BTM Layout 6th Stage. The petitioner's land
to an extent of 3 acres was notified for acquisition.
Thereafter, on the representation of the petitioner, by
Notification dated 22.09.2010, the land in question i.e., 3
acres was de-notified. In the meanwhile, the appellants
were allotted sites in the land in question, i.e., Sy.No.80/1
in the year 1994. Subsequently, by another O.M. dated
13.06.2011, the notification issued under Section 48(1) of
the Act was withdrawn, which was the subject matter of
the writ petition. Under impugned order dated
03.06.2013, the learned Single Judge quashed the O.M.
dated 13.06.2011. Being aggrieved by the impugned
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order, the appellants herein who were not parties to the
writ petition filed the present appeals, so also the State
Government is in appeal in W.A.No.5593/2013.
5. Learned Senior Counsel Sri.Vikram Huilgol appearing
for legal representatives of the original petitioner would
submit that due to subsequent developments which had
taken place, the writ appeals would no more survive and
interest of the allottees i.e., the appellants herein is
protected. Further, learned senior counsel would submit
that the legal representatives of respondent No.3 herein
executed registered relinquishment deed dated
07.01.2016 in respect of the land in Sy.No.80/1 to an
extent of 3 acres in favour of the BDA and in turn, the BDA
allotted 11 sites to the appellants by executing sale deed
dated 13.01.2016. The 11 sites allotted to the appellants
apparently are in a different survey number. The
appellants were aggrieved, since the de-notification
notification was issued subsequent to allotment of sites.
In fact, the appellants herein had approached this Court in
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W.P.No.14170/2011, questioning the de-notification
notification dated 22.09.2010. The said writ petition was
disposed of only on the ground that the said de-
notification notification was withdrawn by subsequent O.M.
dated 13.06.2011.
6. In view of execution of relinquishment deeds by the
legal representatives of the original petitioner i.e.,
respondent No.3 herein, relinquishing their rights over the
land in Sy.No.80/1 and subsequent allotment of 11 sites in
their favour by the BDA, allotment of sites to the
appellants herein is continued and their rights have not
been affected.
7. Learned counsel Sri.Unnikrishnan appearing for BDA
would not dispute the subsequent developments stated
above. He would also state that the allotment made in
favour of the appellants herein would not be cancelled and
their sale deeds are intact.
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8. In view of the above, writ appeals stand disposed
of, and to the above extent, the order of the learned
Single Judge is modified.
In view of disposal of W.A.No.2895/2013, acceptance
of service report of court notice to appellants No.7, 8, 10,
11 and 12 would not arise.
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
MPK
CT:bms
