Mr. Mohammed Farooq K vs The State Of Karnataka
2025 Latest Caselaw 9159 Kant

Citation : 2025 Latest Caselaw 9159 Kant
Judgement Date : 14 October, 2025

Karnataka High Court

Mr. Mohammed Farooq K vs The State Of Karnataka on 14 October, 2025

                                              -1-
                                                       NC: 2025:KHC:40655-DB
                                                        WA No. 1932 of 2024


                 HC-KAR



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 14TH DAY OF OCTOBER, 2025

                                           PRESENT
                       THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
                                             AND
                          THE HON'BLE MR. JUSTICE C.M. POONACHA
                           WRIT APPEAL NO. 1932 OF 2024 (LA-BDA)

                BETWEEN:

                1.   MR. MOHAMMED FAROOQ K
                     AGED ABOUT 43 YEARS
                     S/O. LATE N KHALEEL
                     NO.A/10, 8TH MAIN ROAD
                     LIC COLONY, JAYANAGAR
                     3RD BLOCK EAST
                     BANGALORE - 560 011.

                2.   MR. MOHAMMED SALEEM K
                     AGED ABOUT 42 YEARS
Digitally            S/O. LATE N. KHALEEL
signed by
SUMATHY              NO. 03, 1ST MAIN, 2ND CROSS
KANNAN               GOURND FLOOR
Location:            SRK GARDEN
High Court of
Karnataka            NEAR HUSNA MASJID
                     BYRASANDRA
                     BANGALORE - 560 041.
                                                             ...APPELLANTS
                (BY SRI CHANDRAKANTH R GOULAY, ADVOCATE)

                AND:

                1.   THE STATE OF KARNATAKA
                     REP. BY ITS PRINCIPAL SECRETARY
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                                     NC: 2025:KHC:40655-DB
                                      WA No. 1932 of 2024


 HC-KAR



     HOUSING AND URBAN DEVELOPMENT
     VIKASA SOUDHA
     BANGALORE - 560 001

2.   BANGALORE DEVELOPMENT AUTHORITY
     KUMARA PARK WEST,
     SANKEY ROAD
     BANGALORE - 560 020
     REP. BY ITS COMMISSIONER.

3.   THE ADDITIONAL LAND
     ACQUISITION OFFICER
     BANGALORE DEVELOPMENT AUTHORITY
     KUMARA PARK WEST
     SANKEY ROAD
     BANGALORE - 560 020.


                                         ...RESPONDENTS
(BY SMT. NAMITHA MAHESH, AGA FOR R-1)


      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER OF THE LEARNED SINGLE JUDGE MADE IN W.P. No.
46031/2016 DATED 11/12/2023 AND TO ALLOW THE WRIT
PETITION AND GRANT THE PRAYER AS SOUGHT FOR
THEREIN IN THE INTEREST OF JUSTICE AND EQUITY.

      THIS   APPEAL,   COMING   ON    FOR    PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
                                     -3-
                                           NC: 2025:KHC:40655-DB
                                             WA No. 1932 of 2024


 HC-KAR




CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
       and
       HON'BLE MR. JUSTICE C.M. POONACHA


                         ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appellants have preferred the present appeal impugning

a common order dated 11.12.2023 passed by the learned Single

Judge in W.P.No.9935/2023 (LA-BDA) C/W. W.P.No.46031/2016

(LA-BDA). The present appeal is confined to the decision rendered

in respect of the said petitions.

2. We note that the said writ petitions were filed by joint owners

of properties that were acquired by the Bangalore Development

Authority [BDA]. In both the said petitions, BDA had acquired the

property after the preliminary notification dated 23.03.1988 followed

by a final notification. The appeal preferred by the writ petitioners

in W.P.No.9935/2023 being Writ Appeal No.247/2024, was