IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1665 OF 2024 (LA-BDA)

BETWEEN:

1. MR. GEORGE PHILIP KALEEKAL, AGED ABOUT 65 YEARS, R/AT 'KALEEKAL HOUSE', EDAYARANMULA P.O., PATHANAMTHITTA DIST, KERALA - 689 532.

SINCE DEAD REP BY HIS LRs

1(a). ROSAMMA PHILIP, W/O LATE. MR. GEORGE PHILIP KALEEKAL, R/AT 'KALEEKAL HOUSE', EDAYARANMULA P.O., Digitally PATHANAMTHITTA DIST, signed by KERALA - 689 532.

REKHA R Location:

1(b). RIJU PHILIP GEORGE, High Court S/O. LATE. MR. GEORGE PHILIP KALEEKAL, of Karnataka R/AT 'KALEEKAL HOUSE', EDAYARANMULA P.O., PATHANAMTHITTA DIST, KERALA - 689 532.

…APPELLANTS (BY SRI. RAMA MOORTHY B V., ADVOCATE FOR A1(a)&(b))

AND:

1. THE STATE OF KARNATAKA, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, M.S. BUILDING, BANGALORE - 560 001.

2. THE BANGALORE DEVELOPMENT AUTHORITY, BY ITS COMMISSIONER, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 001.

3. SPECIAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, 5^TH FLOOR, M.S. BUILDING, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020.

4. THE DEPUTY SECRETARY, IV BANGALORE DEVELOPMENT AUTHORITY, CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 001.

5. K. ABDUL JABBAR, S/O LATE SHEIK AHMED SAB, (MAJOR)

AGED ABOUT 57 YEARS, R/AT NO.303/2, NARASARAJA PET, DAVANAGERE - 577 001 DAVANAGERE DISTRICT.

…RESPONDENTS (BY SRI.M.N. SUDEV HEGDE, AGA FOR R1, SRI. M.V. CHARATI, ADVOCATE FOR CAVEATOR R2 TO R4, SRI. MOHAMMED RIZWAN AHAMED, ADVOCATE FOR R5)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED:27.09.2024 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.18865/2016 AND PLEASE TO ALLOW THE WRIT PETITION AS PRAYED FOR AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE T M NADAF)

This intra-Court appeal under Section 4 of the Karnataka High Court Act, 1961 by the unsuccessful petitioner, challenging the order dated 27.09.2024 passed by the learned Single Judge in W.P.No.18865/2016. The learned Single Judge under the impugned order dismissed the petition filed by the petitioner.

2. The parties are referred to as per their ranking before the learned Single Judge.

3. The petitioner filed W.P.No.18865/2016 seeking for the following reliefs:

"(a) TO ISSUE a writ of certiorari or any other appropriate writ, direction or order Quash that the acquisition proceedings initiated by the Respondents preliminary notification vide No.HCPM/BDA/ALAO/S/11/78-79 dated 27.06.1978 which was published in Karnataka Gazette Notification dated 05.05.1977. A copy of the preliminary notification is here with produced at Annexure-J. Which was followed by way of issue of Final notification vide No.HUD 567 MNX 1984 Dated 09.01.1985 published in Karnataka Gazette dated 01.03.1985 as per Annexure-K have respectively have Scheme lapsed in respect of property in question, consequently Annexure J & K have liable to be quashed in so far as the property in question i.e., bearing site No.1, H.L.Khatha No.720, property No.40/5B in Sy.No.40/5B situated at Hennur Village, Kasaba Hobli, Bangalore North Taluk. Measuring East to West 93+75/2 Feet and North to South 62 Feet totally measuring

5208 Sq feet is concerned.

(b) TO ISSUE a writ of certiorari of any other appropriate direction or order to quash the allotment Letter vide No.BDA:UK4/HBR/1- 4/1315/A/2015-16 dated 18.11.2015 issued by the Respondent No.5 as per Annexure-R and also Lease Cum Agreement of Sale dated 23.11.2015 executed by Respondent No.4 in favour of Respondent No.5 as per Annexure-T (c) TO GRANT any other reliefs as this Hon'ble Court may deemed fit, under the facts and circumstances of the case including cost of this proceedings, in the interest of justice."

4. It