IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 36112 OF 2024 (LA-BDA)

BETWEEN:

1. SMT. UMADEVI AGED ABOUT 68 YEARS, W/O LATE GURUMALLAPPA

2. G. SIDDALINGASWAMY AGED ABOUT 51 YEARS, S/O GURUMALLAPPA

3. K.G. GURUSHANTHA AGED ABOUT 47 YEARS, S/O GURUMALLAPPA ALL ARE R/AT KANNALLI, KODIGEHALLI POST, BANGALORE NORTH TALUK, BANGALORE URBAN DISTRICT.

…PETITIONERS Digitally signed by (BY SRI. C.M. NAGABUSHANA, ADVOCATE)

MAHALAKSHMI B M Location: HIGH COURT OF AND:

KARNATAKA

1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BANGALORE-560001 REPRESENTED BY ITS SECRETARY.

2. THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BANGALORE, REPRESENTED BY ITS COMMISSIONER.

3. THE LAND ACQUISITION OFFICER OF BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, BANGALORE-560020.

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

SRI C. VENKATESH, ADVOCATE, FOR R2 AND R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTORORI QUASHING THE NOTICES WHICH IS UNDATED AND UNNUMBERED ISSUED UNDER SECTIONS 9 AND 10 OF THE LAND ACQUISITION ACT BY THE RESPONDENTS 2 AND 3 AT ANNEXURE - L BEARING NO. BU.SWA.PRA.NO.2011-12 ISSUED BY THE R3 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

Petitioners have approached this Court seeking the following reliefs :

“I. Issue a of writ of certiorari or order or direction in similar nature quashing the Preliminary Notification dated 21/05/2008, bearing No. BDA / Commr / DC (LA) / ALAO / 158/2008-09, Bangalore, published in Karnataka Gazette dated 22/05/2008 issued under Section 17(1) & (3) of the BDA Act, 1976 at Annexure-E, by the 2^nd Respondent and Final Notification dated 18/02/2010, bearing No.UDD51MNX2010, Bangalore, issued under Section 19 (1) of0 the Bangalore Development Authority Act, 1976, issued by the 1st respondent at Annexure - F in so far as to the petitioner schedule lands are concerned.

II. Issue an order or direction in the nature of writ of certiorari quashing the notices which is undated and unnumbered issued under Sections 9 & 10 of the Land Acquisition Act by the respondents 2 and 3 at Annexure L in bearing No.Bu.Swa.Pra.No: 2011-12 issued by the respondent No.3.

III. Issue any order or orders as deems fit and proper under the circumstances of the case.”

Prayer (I) is dismissed as not pressed vide Court Order dated 17.10.2025.

2. Heard Sri C.M.Nagabushana, learned counsel for the petitioners, Sri Harisha A.S, learned AGA for respondent No.1 and Sri C.Venkatesh, learned counsel for respondents No. 2 and 3.

3. The petitioners claim to be the kathedar of land bearing Sy. No. 70/6 measuring 3 acres 24 guntas of Kodigehalli Village, Yeshwanthpur Hobli, Bengaluru North Taluk. The schedule property was proposed for acquisition by the BDA through a Preliminary Notification dated

21.05.2008 and Final Notification dated 18.02.2010 for formation of ‘Nada Prabhu Kempegowda Layout’. The petitioners being aggrieved by the notification, approached this Court in WP 40958/2012. This Court allowed the Writ Petition, holding that no valid scheme had been framed as contemplated under law for the issuance of the notification. Aggrieved, by the said order passed by the learned single Judge, the BDA preferred Writ Appeal 2032 of 2014. The Division Bench upheld the acquisition proceedings, however, it permitted landowners seeking exclusion of their lands from acquisition to make representations to the BDA for dropping their lands from acquisition. Pursuant to the same, the petitioners submitted a representation to the second respondent. 4. Learned counsel for the petitioners submits that the appeal preferred by the BDA in Writ Appeal 2032 of 2014 was connected with Writ Appeal 1783 of 2014, which was disposed of on 22.02.2024