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2025 Supreme(Online)(Kar) 38774

THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
SMT. VALLI A – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 29798/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 29798 OF 2025 (LA-BDA)

BETWEEN:

SMT. VALLI A W/O ARJUNAN AGED ABOUT 38 YEARS RESIDING NO.376, 2ND STAGE JANASHRI NAGAR, MANGANAHALLI KODIGEHALLI POST, BENGALURU NORTH TALUK BENGALURU 560091.

…PETITIONER (BY SRI. VARUN JOSHI., ADVOCATE)

AND:

1. STATE OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT M.S.BUILDING, BENGALURU 560001.

Digitally signed by MAHALAKSHMI B M 2. M/S. BANGALORE DEVELOPMENT AUTHORITY Location: HIGH T CHOWDAIAH ROAD COURT OF KARNATAKA KUMARA PARK WEST BENGALURU 560020 REP BY ITS COMMISSIONER.

3. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU 560020.

…RESPONDENTS (BY SRI.HARISHA A S, AGA FOR R1:

SRI VASANTH, ADVOCATE FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT NO.2 DATED 03.09.2025 AT ANNEXURE-A AND ETC.

THIS PETITION, COMING ON FOR PRELIMNARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

Learned Addl. Government Advocate accepts notice for respondent No.1.

2. Sri Vasanth, learned counsel is directed to take notice for respondent Nos.2 and 3.

3. Petitioner is before this Court seeking for the following reliefs:

“a. Issue a Writ in the nature of Mandamus or any other appropriate Writ, Order or Direction and direct the Respondents to consider the Representation submitted by the Petitioner to the Respondent No.2 dated 03.09.2025 at ANNEXURE - A or in the alternative:

b. Declare that the entire Acquisition Proceedings in respect of the Schedule 'B' Property is abandoned / lapsed in view Section 27 of the BDA Act, 1976 with respect to the Preliminary Notification dated 21.05.2008 bearing No. BDA/COMMR/DC(LA)/ALAO/158/2008-09 issued by the Respondent No.2 and the Final Notification dated 18.02.2010 bearing No.UDD 51 MNX 2010, gazette dated 18.02.2010 issued by Respondent No.1 at ANNEXURE-L & M;

c. Issue a Writ in the nature of Prohibition prohibiting the Respondents or their agents, servants, henchmen or any one claiming under them or acting under them, from interfering with the ownership and possession of the Petitioner over Schedule Property;

d. Grant such other reliefs in the interest of Justice and Equity. "

4. The case of the petitioner is that she is the absolute owner of the residential house bearing Katha (new) No.2418/08/376, PID No.150200200300820283, House No.376 formed in Janashri Nagar Layout, carved out of land bearing Sy.No.8, Assessment No.8, Old Khata No.8, subsequently assigned New No.2148, situated at Manganahalli Village, Yeshwanthpur Hobli, Bengaluru North Taluk.

5. Learned counsel appearing for both sides submit that the issue involved in this writ petition is squarely covered by the decision of the Division Bench of this Court in the case of BANGALORE DEVELOPMENT AUTHORITY & ANOTHER VS. SRI.R.SHANKARAN & ANOTHER, W.A.No.1783/2014 and connected cases D.D.22.02.2024 and that similar directions may be issued in this case as well.

6. Learned counsel for the petitioner further submits that several writ petitions involving identical questions have been disposed of following the aforesaid Division Bench judgment and that appropriate directions have been issued to the respondents-BDA to consider such representations.

7. The submission is recorded.

8. The Co-ordinate Bench of this Court in the case of SMT.YELLAMANCHELE VIDHULATHA DEVI AND OTHERS VS. STATE OF KARNATAKA AND OTHERS2 (supra) while following the aforesaid Division Bench judgment in ‘SRI.R.SHANKARAN’ (supra) has held at paragraph Nos.4 and 5 as follows :

“4. The Division Bench in W.A.No.1783/2014 and connected matters, disposed on 22-02-2024 in the case of BANGALORE DEVELOPMENT AUTHORITY & ANOTHER VS. SRI.R.SHANKARAN & ANO

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