[Cites 0, Cited by 0]
Karnataka High Court
Suresh Babu S vs The Commissioner on 27 January, 2026
-1-
NC: 2026:KHC:4263-DB
WA No. 1118 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE S RACHAIAH
WRIT APPEAL NO. 1118 OF 2024 (LA-BDA)
BETWEEN:
1. SURESH BABU S.
S/O HARINATH S.,
AGED ABOUT 46 YEARS,
2. SMT. M. VEENA
W/O SURESH BABU S.,
AGED ABOUT 33 YEARS,
BOTH ARE R/O NO.14146,
31/32, NANJUNDESWAR LAYOUT,
KODIGEHALLI, YASWANTAPURA HOBLI,
BENGALURU-560 091.
Digitally
signed by ...APPELLANTS
NANDINI M S
Location:
High Court of (BY SRI. HALLI SHANTAPPA BASAPPA, ADVOCATE (P/H))
Karnataka
AND:
1. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY,
BENGALURU-560 020.
2. THE SPECIAL LAND ACQUISITION OFFICER
BENGALURU DEVELOPMENT AUTHORITY,
BENGALURU-560 020.
-2-
NC: 2026:KHC:4263-DB
WA No. 1118 of 2024
HC-KAR
3. CHIEF SECRETARY
URBAN DEVELOPMENT,
GOVERNMENT OF KARNATAKA,
VIDHAN SOUDHA, DR. AMBEDKAR ROAD,
BENGALURU-560 001.
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R3 (P/H);
SRI. K. KRISHNA, ADVOCATE FOR R1 & R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED
BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT, IN
WRIT PETITION NO.24608/2023 DATED 14.12.2023.
THIS APPEAL, 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)
1. The present intra-Court appeal has been filed
impugning the judgment and order dated 14.12.2023
passed by the Hon'ble Single Judge in
W.P.No.24608/2023 filed by the appellant herein.
NC: 2026:KHC:4263-DB
HC-KAR
2. The parties are referred to as per their ranking
before the Writ Court for the sake of convenience.
3. The Government had issued preliminary notification
on 21.05.2008 for acquiring the lands including the
land in Survey No.108 situated at Kodigehalli Village,
Yeshwanthpura Hobli, Bengaluru North Taluk for
formation of Nadaprabhu Kempegowda Layout. The
final notification came to be issued on 18.02.2010.
The landowners had challenged the land acquisition
in respect of their lands by filing writ petition
No.30442/2010 and other connected writ petitions.
4. This Court dispose of the said writ petitions directing
the Bengaluru Development Authority to consider the
representations of the landowners for withdrawal of
the notification in respect of the Petitioners' land in
the aforesaid writ petitions. The petitioners had
purchased the land from the subsequent purchaser
from landowner through a sale deed dated
29.03.2023 and thereafter, the petitioner had
NC: 2026:KHC:4263-DB
HC-KAR
submitted representation on 05.08.2023 requesting
for deletion of Site No.150 measuring 30 x 40 feet
situated in Survey No.108 of Kodigehalli Village,
Yeshwanthpura Hobli, Bengaluru North Taluk. When
their representation was not being considered, the
petitioners had filed the writ petition No.24608/2023
with following prayers:
"(a) Issue a writ of mandamus directing the
respondents to delete the assessment no.108, site
bearing no.150, measuring 30 X 40 feet situated
at Kodigehalli Village, Yaswantapura Hobli,
Bengaluru North Taluk of the petitioners from the
acquisition by collecting the
development/betterment charges by considering
the representation of the petitioner dated
05.08.2023, vide Annexure-Н;
(b) Further be directed the respondents to extend the
same treatment extended to other petitioners in
W.P.no.31198-31212/2010, W.P.no.30442/2010,
W.P.no.47405-407/2011, W.P.no.1822-834/2018
and W.P.no.35909/2019 and same is marked as
Annexure-L, L1, L2, L3 and L4 and etc."
5. The learned Single Judge having considered the fact
that the preliminary and final notifications in respect
of the lands were issued way back in 2008 and 2010
respectively, and the petitioners had purchased the
NC: 2026:KHC:4263-DB
HC-KAR
land which was the subject matter of final notification
from the subsequent purchaser from the original
landowner on 29.03.2023, he would not have any
right to seek for deletion of the land.
6. The law is well settled that a subsequent purchaser
does not have right and seek for deletion of the land
which is subject matter of land acquisition. The
acquisition proceedings got finalized way back in
2010 when the final notification came to be issued.
The petitioners had purchased only litigation and not
the land in as much as he has purchased the
property in 2023, almost after 13 years from the
date of the final notification.
7. In view thereof, the learned Single Judge has rightly
dismissed the writ petition, and we see no reason to
interfere with the impugned order. If the petitioner
has any right over the land, he can seek the
compensation, if it is already not dispersed to the
NC: 2026:KHC:4263-DB
HC-KAR
previous owners or take appropriate proceedings
against the predecessor-in-interest.
Writ appeal is disposed of. All pending IAs also
stand disposed of.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE
HB
List No.: 1 Sl No.: 11
