2025 KHC 42917
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA, J.
Major (Dr.) Alok Ghosh S/o Late Chira Prakash Ghosh – Appellant
Versus
The State of Karnataka – Respondent
Writ Petition No. 21042 of 2025
Decided On : 28-10-2025
Advocates Appeared :
For the Appellant : Naik Narayan Mastappa
For the Respondents : Vasantha, Harisha A.S.
| Table of Content |
|---|
| 1. seeking writ for mandamus regarding land allotment (Para 3) |
| 2. court's previous order on land allotment upheld (Para 5) |
| 3. acknowledgment of fairness in committee's representation consideration (Para 6) |
| 4. committee's obligation to review representations promptly (Para 7) |
| 5. requirement for expeditious disposal of representation (Para 8) |
ORDER :
1. Learned Additional Government Advocate accepts notice for respondent No.1.
2. Sri Vasantha, learned counsel is directed to accept notice for respondent Nos.2 and 3.
3. The petitioner is before this Court seeking for the following reliefs:
“a) Issue a Writ of mandamus directing the Respondents to consider the Representations dated 18.03.2019 and 29.07.2019 produced along with Acknowledgement at Annexure-H, J, K and L submitted by the Petitioner before the Respondent No.2 and 3 within a specified time period in the interest of Justice and equity.
b) Issue a Writ of mandamus directing the Respondent 1 to 3 to till the disposal of the Representations dated 18.03.2019 and 29.07.2019 produced along with acknowledgement at Annexure- H, J, K and L not to allot and dispossess Petitioner from the Site property bearing Old No:58. New No:KNP 274 (as assigned by the BDA), BBMP B- Katha No.622/36/1/58, Totally measuring 4,291 Sq.Ft. (measuring 3.94 Guntas) carved out of Sy.No.36/1 (measuring 1 Acres 35 Guntas) of K.Narayanapura Village, K.R.Puram Hobli, Bengaluru South Taluk, Bengaluru.
c) Grant cost of the proceedings; and grant such other and further relief in the interest of justice and equity.”
4. Heard learned counsel for the petitioner, learned AGA for respondent No.1 and learned counsel for respondent Nos.2 and 3.
5. This Court in the case of K.P. Anjanappa Vs. State of Karnataka and Others , W.P. No. 51929/2014 (K.P. Anjanappa) and connected matters, which was disposed on 27.09.2021 made extensive observations and directions regarding allotment and deletion of lands acquired for formation of Arkavathi Layout by the BDA. The relevant portion of the operative order reads as under:
“ORDER:
(i) The challenge made to the Notifications Nos. BDA/COMMR, KLAO/LA9/104/2002-03, BANGALORE, dated: 03.02.2003, No. UDD 193 MNX 2004, BANGALORE, dated: 23.02.2004 and No. UDD 426 MNJ/2011, BANGALORE, dated 18.06.2014, stands rejected and acquisition of the lands for the formation of Arkavati Layout is upheld.
(ii) W.P. No.*815/2017* is allowed and writ of mandamus issues to the BDA – respondent No.1 to conclude the allotment process of site No.BK90, Arkavati Layout, expeditiously, at any rate within an outer limit of three months from the date of receipt of this order. In the alternate, if site BK90 is not available BDA shall allot alternate site and execute Lease-cum-Sale Agreement in favour of the petitioner, issue Possession Certificate and deliver vacant possession of site so allotted, expeditiously and at any rate within 30 days from the date of issuing the endorsement to the petitioner that site bearing No.BK90 not being available. It is also made clear that within 7 days from the date of this order, BDA shall intimate petitioner as to whether site No.BK90 allotted to him on 31.05.2016, is available or not.
(iii) W.P.Nos.47461/2016 & 48412-14/2016 are hereby dismissed.
(iv) W.P.No.21361/2017 is allowed and writ of mandamus issues to BDA directing the said Authority to execute absolute sale deed in favour of the petitioner expeditiously at any rate within an outer limit of three (3) months from the date of receipt of this order.
(v) W.P.No.751/2016 is allowed and writ of mandamus issues to the BDA to allot a site measuring 30’ x 40’ in favour of petitioner expeditiously at any rate within an outer limit of three (3) months from the date of receipt of this order.
(vi) W.P.Nos.3178/2017 c/w 55737/2016, 10923/2015, 58734/2016, 15588/2017, 14868/2017, 30485/2017 & 59317/2016 and similarly placed writ petitions stands disposed of by directing the BDA to place the representations of all the applicants/petiti
Junjamma and Others Vs. The Bangalore Development Authority, Rep by its Commissioner, BDA
The court emphasized the need for the Bangalore Development Authority to expedite the processing of land allotment applications in line with existing legal frameworks and mandates.
The court directed the BDA to expedite the allotment process for land sites in accordance with previous rulings, ensuring timely responses to all representations.
Land ownership claims based on unidentifiable sale deeds were dismissed, upholding the committee's findings due to lack of clear identification.
Acquisition of isolated lands is unjustified if neighboring lands are excluded, necessitating adherence to Committee recommendations as per judicial directives.
Lack of objection in prior acquisition proceedings bars later claims for de-notification by landowners, affirming the finality of judicial orders.
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