IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE R DEVDAS AND THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1800 OF 2026 (LA-BDA)

BETWEEN:

MR. SHAHUL HAMEED, AGED ABOUT 52 YEARS, S/O V.H.MUHAMMAD HANEEFA, R/O NO.6/102-A, TAJ VILLA, KUDAVEEHOOR, POST KOTTAYAM, KERALA - 686 144.

REPRESENTED BY HIS GPA HOLDER SRI. SHANKAR DONGRE, AGED ABOUT 64 YEARS, Digitally signed S/O DONGRE LAKSHMAN BHAT, by SANJEEVINI J R/AT NO.47, “SAMRUDDHI” MEHI ENCLAVE, KARISHETTY DODDABETTAHALLI, VIDYARANYAPURA POST, Location: Hig h Court of BENGALURU - 560 097.

Karnataka …PETITIONER (BY SMT. K.RAMA BHAT, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY TO GOVT., URBAN LAND DEVELOPMENT DEPT., VIDHANA SOUDHA, BENGALURU - 560 001.

2. THE BANGALORE DEVELOPMENT AUTHORITY, SANKEY ROAD, KUMARA PARK WEST, BENGALURU - 560 002.

REP. BY ITS COMMISSIONER.

3. THE SPECIAL LAND ACQUISITION OFFICER (DR. SHIVARAMA KARANTH LAYOUT), BANGALORE DEVELOPMENT AUTHORITY, SANKEY ROAD, KUMARA PARK WEST, BENGALURU - 560 002.

…RESPONDENTS (BY SRI. M.RAJAKUMAR, AGA FOR R1;

SRI. SHIVAPRASAD M.SHANTANAGOUDAR, ADVOCATE FOR R2 AND R3)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND THEREBY DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 29/05/2022, 10/11/2023, 01/06/2024 AS PER ANNEXURES-A, B AND C RESPECTIVELY AND THEREBY REGULARIZE THE VACANT HOUSE SITE AS DESCRIBED IN THE SCHEDULE IN FAVOUR OF THE PETITIONER AS ALTERNATE SITE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R DEVDAS and HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

(PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA)

The petitioner is before this Court seeking the following prayers:

"(i) Issue writ in the nature of Mandamus or any other appropriate writ, order or direction and thereby direct the Respondents to consider the representation dated 29-05-2022, 10-11-2023, 01-06-2024 as per ANNEXURE A, B & C respectively and thereby regularize the vacant house site as described in the schedule in favour of the Petitioner as alternate site; and (ii) To grant such other and further relief so as to cost of the proceedings as this Hon'ble Court deems fit in the circumstances of the case in the interest of justice and equity."

2. Heard Sri.K.Rama Bhat, learned counsel appearing for the petitioner, Sri.M.Rajakumar, learned AGA appearing for respondent No.1, Sri.Shivaprasad M. Shantanagoudar, learned counsel appearing for respondent Nos.2 and 3 and have perused the material on record.

3. Learned counsel appearing for the petitioner would take this Court through the documents appended to the petition to submit that the applications are preferred before Justice Bopaiah Committee and the said Committee is yet to consider the same and pass necessary orders. The impediment that the counsel for the petitioner projects is that the Committee was not empowered to consider the representation qua the constructions.

4. In W.P.No.19643/2024, the Coordinate Bench of this Court, of which one of us was a part, passed the following order:

"4. The Apex Court, in its order dated

05-05-2021, answering Miscellaneous Application Nos.1614-1616 of 2019 notices the affidavit filed by the BDA in respect of previous layouts formed by the BDA in which purchasers of revenue sites in those layouts have been permitted to apply for allotment of sites measuring

30x40’. The Apex Court observes as follows:

“…. …. ….

(4) In our Order dated 18.03.2021, we had observed as under:

"It appears that certain persons belonging to poor and middle-income groups have purchased house sites from the land owners whose lands have been notified for the acquisition for the formation of the lay-out in question, prior to the date of the judgment dated 03.08.2018. We are of the view that their grievances also require to be