The present petition is filed by the petitioner

seeking for the following reliefs:

"i) Call for the entire records on the file of the

respondent Nos.2 to 6/BBMP pertaining to the

representation of the petitioner dated 05.05.2022

vide Annexure-Q.

ii)

Declare that the respondent Nos.2 to 6/BBMP has

not acquired any lands, sites, civic amenity sites,

and park sites in Sri Radhakrishna layout 3rd

stage, in land bearing Sy.No.130/2 (Old No.71),

4

Kathriguppe, Uttarahalli Hobli, Bangalore South

Taluk.

iii) Declare that the respondent Nos.2 to 6/BBMP has

not acquired site No.45/A, in Sri Radhakrishna

Layout 3rd Stage, in land bearing Sy.No.130/2

(Old

No.71),

Kathriguppe,

Uttarahalli

Hobli,

Bangalore South Taluk.

iv) Declare that the demolition of the buildings in

site No.45/A by the respondent Nos.2 to 6/BBMP

in Sri Radhakrishna Layout 3rd Stage, in land

bearing Sy.No.130/2 (Old No.71), Kathriguppe,

Uttarahalli Hobli, Bangalore South Taluk, is

illegal, arbitrary and without authority of law.

v)

Declare that the respondent Nos.2 to 6/BBMP has

not called tender notification for formation of

park in Sri Radhakrishna Layout 3rd Stage, in

land

bearing

Sy.No.130/2

(Old

No.71),

Kathriguppe, Uttarahalli Hobli, Bangalore South

Taluk.

vi) Declare that the in Sri Radhakrishna Layout 3rd

Stage, in land bearing Sy.No.130/1 (Old No.71),

Kathriguppe, Uttarahalli Hobli, Bangalore South

Taluk, is not at all formed.

vii) Issue an appropriate writ, order or direction in

the nature of Certiorari quashing the C.A. site

relinquishment deed dated 05.01.1990 executed

by Sri Radhakrishna House Building Co-operative

Society (HBCS) vide Annexure-T.

viii) Declare that the

respondent/BDA resolution

No.35/2007 dated 28.03.2007 vide Annexure-R

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and the layout plant at Annexure-S prepared by

the BDA is illegal, without authority of law and

liable to be quashed.

ix) Issue an appropriate writ, order or direction in

the

nature

of

mandamus,

directing

the

respondent/BBMP

to

pay

the

cost

of

the

demolished building over the schedule property

demolished illegally.

x)

Pass such other orders as deemed fit in the

circumstances of the case along with cost of the

above writ petition and allow the same in the

interest of justice and equity."

2.

It is the case of the petitioner that he is the

owner of site No.45/A, BBMP PID No.55-671/45A,

formed in Sy.No.130/2 (Old No.71), Radha Krishna

HBCS Layout, III Stage, Kathriguppe, Uttarahalli Hobli,

Bengaluru South Taluk, Bengaluru (hereinafter referred

to as 'subject property' for short).That the petitioner

purchased the subject property in terms of the deed of

sale dated 17.11.2012 from its vendor Smt.K.Prabha.

The BDA has issued katha certificate in respect of the

subject property in the year 1997 and have been

receiving the property taxes and the said area was

transferred by the BDA to the BBMP in the year 1998.

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That the BDA had issued a sanctioned plan for the

purpose of construction of a building on the subject

property. That originally subject property formed part of

a layout, developed by Sri Radhakrishna House Building

Co-operative Society. The BDA had approved the plan

and released the sites in favour of the said society.

Thus, the layout which was formed was in accordance

with sanctioned plan and the subject property was

released pursuant of the order by the BDA. That being

the matter, the respondent/BBMP who is now in control

of the area for the purpose of maintenance of the civic

amenities is claiming the right over the property

belonging to the petitioner and is interfering with the

possession

and

enjoyment

of

the

petitioner,

constraining the petitioner to approach this Court

seeking the aforesaid reliefs.

3.

Objection statements have been filed by the

BBMP inter-alia questioning the very maintainability of

the petition. It is contended that the subject property

being claimed by the petitioner formed part of the civic

amenity (CA) site and that the CA site which is a park

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was part of the property which is relinqu