Landowner whose plot fell within BDA acquisition sought consideration of his representation for issuance of a Regularization Certificate citing Supreme Court orders. The petition was restricted to that prayer; the High Court directed the BDA to consider the representation within four weeks and communicate the decision.
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NC: 2024:KHC:41516-DB WP No. 27602 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 27602 OF 2024 (LA-BDA)
BETWEEN:
SRI. A. GOVINDARAJ, S/O K.N.REDDY, AGED ABOUT 50 YEARS, OWNER OF PROPERTY, PID NO.48/6, WARD NO.3, DODDABETTAHALLI, YELAHANKA HOBLI – 560 063, BANGALORE NORTH TALUK.
…PETITIONER
(BY SRI. M. SHIVAPRASAD., ADVOCATE)
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:41516-DB WP No. 27602 of 2024
BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST,
BANGALORE – 560 020.
…RESPONDENTS
(BY SRI.M.RAJAKUMAR, AGA FOR R1 AND R2; SRI.SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR R3 AND R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i)CALL FOR THE ENTIRE RECORDS IN RESPECT OF THE PROPERTY BEARING PLOT NO.48/6 FORMED IN SY.NO.48 MEASURING EAST TO WEST 50 FT., NORTH TO SOUTH 80 FT., OF DODDABETTAHALLI VILLAGE OF YALAHANKA HOBLI, BANGALORE NORTH TALUK BBMP WARD NO.3 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT
and
HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
(PER: HON'BLE MR JUSTICE M.NAGAPRASANNA)
The petitioner is before this Court seeking several
prayers. For the present, learned counsel appearing for the
petitioner would restrict his relief to prayer No.2, which reads as follows:
"ii. To issue writ of Mandamus directing the Respondent No.3 & 4 to consider the representation dated 12/02/2024 at ANNEXURE-G in the back-drop of orders passed before the Hon'ble Supreme Court of India in SLP No.7661-7663 dated 06/12/2022, Misc. Application No.1614-1616/2019 and Misc.No.1346-1348/2019 & C.A.No.7661-7663/2018 by issue of Regularization Certificate to the Plot with dwelling house on plot No.48/6."
submit that the same are appended to the representation as well.
With the aforesaid observations, the petition stands disposed.
NC: 2024:KHC:41516-DB WP No. 27602 of 2024
All other contentions remain open.
Till consideration of the representation of the petitioner,
the parties to maintain status-quo, qua the construction in the land.
Sd/(KRISHNA S DIXIT) JUDGE
Sd/(M.NAGAPRASANNA) JUDGE
SJK List No.: 2 Sl No.: 1
1 issue framed by the court
Whether the BDA should be directed to consider the petitioner's representation seeking a regularization certificate in light of Supreme Court orders?
1 provisions across 1 enactments
SRI. A. GOVINDARAJ
THE STATE OF KARNATAKA
THE PRINCIPAL SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT
THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY
THE SPECIAL LAND ACQUISITION OFFICER-4, BANGALORE DEVELOPMENT AUTHORITY
KRISHNA S DIXIT
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
