Disposed

Mr. Narendra K P v. State of Karnataka

Karnataka HC27 Jun 2024WP/14716/2024

Case brief

AI extract

What is this about?

Petitioners sought mandamus directing BDA to allot sites in Dr. K. Shivaram Karanath Layout purchased from respondent No. 4, relying on Supreme Court directions. BDA counsel said the claim should go to the V.G. Bopaiah Committee on revenue sites. The court directed petitioners to submit representations to the Committee, which shall consider the grievance on merits, prepare a report to the jurisdic

What the court decided

AI extract

Mr. Narendra K P Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:23819-DB WP No. 14716 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF JUNE, 2024

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PRESENT

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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AND

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 14716 OF 2024 (LA-BDA)

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BETWEEN:

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MR. NARENDRA K P COLONEL (RETIRED) S/O LATE PEMMANAIAH K D AGED ABOUT 58 YEARS, RESDING AT FLAT NO. A03702, SANDEEP VIHAR (AWHO), WHITEFIELD, KANNAMANGALA POST, BENGLAURU 560 067.

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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MRS ANITHA K A, W/O SHANTHA K P, AGED ABOUT 46 YEARS, RESIDING AT NO. 591/B, SREE CAUVERY, 1^ST E ROAD, 3^RD MAIN, BEHIND GOVT SCHOOL, MATHIKERE, BANGALORE 560 054.

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…PETITIONERS

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(BY SRI. CHANDAN K.,ADVOCATE)

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AND:

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STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARMENT, M S BUILDING, BANGALORE – 560 001. BY ITS SECRETARY.

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2 - NC: 2024:KHC:23819-DB WP No. 14716 of 2024

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THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, BANGALORE -560 020.

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THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, BANGALORE – 560 020.

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SRI. R. KRISHNAPPA, S/OALTE RANGAPPA, AGED ABOUT 60 YEARS, R/AT NO. 8, YASHAS NILAYA 7^TH A CROSS, 7^TH MAIN, M E I LAYOUT, BAGALAGUNTE, BANGALORE – 560 073.

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…RESPONDENTS

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(BY SMT.ANUKANKSHA KALKERI., HCGP FOR R1; SRI. K SHASHIKIRAN SHETTY., AG A/W SRI. SHIVAPRASAD SHANTANAGOUDAR.,ADV.,FOR R2 & 3; NOTICE TO R-4 DISPENSED WITH V.C.O DATED 13.06.2024)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENTS TO ALLOT A SITE, TO EACH OF THE PETITIONER IN Dr. K. SHIVARAM KARANATH LAYOUT, OF THE SAME SIZE AS THAT OF THE SITE THAT THEY HAVE PURCHASED FROM RESPONDENT No. 4 UNDER TWO SEPARATE SALE DEEDS AS PER THE DIRECTIONS OF THE HONBLE SUPREME COURT IN ITS JUDGMENT DATED 03.08.2018 IN CIVIL APPEAL Nos 7661-63/2018 ANNEXURE-E AND ORDER DATED 03.12.2020 ISSUED IN MISCELLANEOUS APPLICATION No. (s) 1614-1616/2019 ANNEXURE-F AND OTHER APPLICATIONS BASED ON THE REPRESENTATIONS DATED

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3 - NC: 2024:KHC:23819-DB WP No. 14716 of 2024

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17.06.2023 SUBMITTED BY THE PETITIONERS AT ANNEXUREH1 AND H2 AND B) GRANT SUCH OTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT TO THE CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, M NAGAPRASANNA.J., MADE THE FOLLOWING:

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ORDER

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This Writ Petition seeks the following prayer:

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“a) Issue Writ of Mandamus directing the 2^nd Respondents to allot a site, to each of the Petitioner in Dr. K. Shivaram Karanath Layout, of the same size as that of the site that they have purchased from Respondent No. 4 under two separate sale deeds as per the directions of the Hon’ble Supreme Court in its judgment dated 03.08.2018 in Civil Appeal Nos 766163/2018 Annexure-E and order dated 03.12.2020 issued in Miscellaneous Application No. (s) 1614-1616/2019 Annexure-F and other applications based on the representations dated 17.06.2023 submitted by the petitioners at Annexure-H1 and H2.

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b) Grant such other relief’s as this Hon’ble Court deems fit to the circumstances of this case, in the interest of Justice and Equity.”

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The learned counsel representing the BDA

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would submit that this prayer be first placed before the

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4 - NC: 2024:KHC:23819-DB WP No. 14716 of 2024

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V.G.Bopaiah Committee which is constituted only to go into the issue of Revenue Sites which the petitioners are now claiming. Therefore, this Petition has to go before said Committee.

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The learned counsel for the Petitioners submits that the Application/representation is already submitted to the Committee with regard the Petitioners’ grievance. If the Petitioners have not submitted their representation or application, shall do the same within a fortnight from today and if the same is submitted, the Committee shall consider the on the merit of Petitioners’ grievance and answer the same in accordance with law and as expeditiously as possible.

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The committee on considering the grievance of the Petitioners as is directed shall prepare a report and submit to the jurisdictional authority, who shall take further steps in accordance with law.

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NC: 2024:KHC:23819-DB WP No. 14716 of 2024

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The liberty is reserved to the Petitioners in the event

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to Report would go against them, then they are at liberty to approach appropriate forum seeking redressal.

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With the aforesaid observations, Writ Petition stands disposed.

Ordered accordingly.

Sd/-

JUDGE

Sd/JUDGE

Bsv

Mr. Narendra K P v. State of Karnataka

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Mr. Narendra K P v. State of Karnataka

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