Dismissed¶¶39

Sri Nagappa v. the Bengaluru Development Authority

Karnataka HC3 Nov 2025WA/1917/2024

Case brief

AI extract

What is this about?

Keywords: BDA alternate site allotment; Nagarabhavi Layout; Revenue Site No.24; Sy.No.23 Malagalu Village; Yeshwanthpura Hobli; writ of mandamus; entitlement to relief requires ownership/substantiated right; unregistered GPA does not confer title; GPA holder not owner; Section 4 Karnataka High Court Act writ appeal; WA No.1917 of 2024; NC: 2025:KHC:44216-DB; Single Judge order dated 14.10.2024 in W.P.No.14399/2024 (BDA); appeal dismissed on 03.11.2025.

What did the court decide?

An unregistered GPA does not confer title over the land in question in favour of the petitioner. ¶¶34

Sri Nagappa Vs the Bengaluru Development Authority — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:44216-DB WA No. 1917 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH

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AND

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THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

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WRIT APPEAL NO.1917 OF 2024 (BDA)

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BETWEEN:

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SRI NAGAPPA S/O. SRI SANNAIAH AGED ABOUT 65 YEARS R/AT NO.7, 22^ND CROSS ROAD MALAGAL MAIN ROAD BENGALURU-560 091

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…APPELLANT

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(BY SRI SOMASHEKARA K. M., ADVOCATE)

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AND:

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Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

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THE BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020 REP. BY ITS COMMISSIONER

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THE DEPUTY SECRETARY-3 BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020

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…RESPONDENTS

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NC: 2025:KHC:44216-DB WA No. 1917 of 2024

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HC-KAR

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 14.10.2024 IN WRIT PETITION NO.14399 OF 2024 (BDA) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND CONSEQUENTLY, ALLOW THE WRIT PETITION AS PRAYED FOR, IN THE INTERESTS OF JUSTICE AND EQUITY.

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THIS WRIT APPEAL IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present writ appeal has been filed impugning the judgment and order dated 14.10.2024 passed by the learned Single Judge in W.P.No.14399/2024 (BDA).

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The writ petition was filed by the petitioner seeking writ of mandamus directing the respondent/authority i.e.,

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the Bengaluru Development Authority (for Brevity 'the BDA' ) to allot the petitioner an alternate site in the same

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3 - NC: 2025:KHC:44216-DB WA No. 1917 of 2024

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HC-KAR

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layout viz., Nagarabhavi Layout in Revenue Site No.24 carved out of land in Sy.No.23 of Malagalu Village, Yeshwanthpura Hobli, Bengaluru North Taluk, Bengaluru District.

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The learned Single Judge after considering the evidence produced by the petitioner has noted the fact that the petitioner is not the owner of the revenue site No.24 formed in Sy.No.23 of Malagalu Village, Yeshwanthpura Hobli, Bengaluru North Taluk, Bengaluru District. Unless the petitioner could substantiate his right over the property, the petitioner would not be entitled for seeking a relief.

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Learned counsel for the petitioner submits that petitioner is GPA Holder from the owner of the said site. The GPA that too, an unregistered document would not confer title over the land in question in favour of the petitioner.

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NC: 2025:KHC:44216-DB WA No. 1917 of 2024

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HC-KAR

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