Disposed¶46

Dr Ramaiah v. the State of Karnataka

Karnataka HC23 Jan 2025WP/19114/2023

Case brief

AI extract

What is this about?

Karnataka HC writ petition (LA-BDA) disposed; Geddalahalli Sy.No.26 (9 acres 6 guntas) site purchasers seek mandamus restraining BDA and Land Acquisition Officer from demolition/dispossession following acquisition; layout attributed to I.F. Dominick pre-acquisition; claims pending before Justice K.N. Keshavanarayana Committee (Arkavathi Layout); liberty reserved to approach Committee and competent court; no demolition restraint ordered; single judge M.G.S. Kamal; decided 23-01-2025; NC: 2025:KHC:3063.

What did the court decide?

No restraint ordered against demolition; petitioners given liberty to approach the Justice K.N. Keshavanarayana Committee and to pursue appropriate relief before a competent court. ¶46

Dr Ramaiah Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:3063 WP No. 19114 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 19114 OF 2023 (LA-BDA)

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BETWEEN:

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DR RAMAIAH

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S/O LATE MUNIVENKATAIAH AGED ABOUT 65 YEARS, R/AT NO. 11, NO. 51, GEDDALAHALLI, BENGALURU - 560 077.

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SHASHIKALA W/O. R. RAVINDRA BABU AGED ABOUT 55 YEARS, R/AT NO.12/13, INASIAPPA LAYOUT, GEDDALAHALLI, BENGALURU - 560 077.

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Digitally signed by SUMA B N Location: High Court of Karnataka

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AVDHESH JASIWAL S/O. MADAN LAL JAISWAL AGED ABOUT 47 YEARS R/AT NO. 31 INSIAPPA LAYOUT, 1^ST CROSS, GEDDALAHALLI, BANGALORE NORTH, BENGALURU - 560 077.

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VASU C

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S/O LATE CHADNRAPPA.P AGED ABOUT 44 YEARAS R/AT NO. 28, INASIAPPA LAYOUT, GEDDALAHALLI, BENGALURU-560 077.

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K KUMARASWAMY

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2 - NC: 2025:KHC:3063 WP No. 19114 of 2023

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S/O ALTE B.A. KARIAPPA AGED ABOUT 47 YEARS, R/A NO. 13, INASIAPPA LAYOUT, GEDDALAHALLI, BENGALURU - 560 077.

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KAVITHA JOHN W/O LATE JOHN TONY AGED ABOUT 42 YEARS, R/A NO. 14, BETHELS ARK, 5^TH AIN, INASIAPPA LAYOUT, GEDDALAHALLI, HENNUR MAIN ROAD BENGALURU - 560 077.

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…PETITIONERS

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(BY SRI. VENKATESHA C.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT M.S. BUILDING BENGALURU - 560 001.

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THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, KUMAR PARK WEST, BENGALURU- 560 001.

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THE LAND AQCUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY KUMAR PARK WEST, BENGALURU - 560 001

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…RESPONDENTS

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(BY SRI. SPOORTHY HEGDE N. HCGP FOR R1 AND R3; SRI. BASAVARAJA H.T., ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE

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3 - NC: 2025:KHC:3063 WP No. 19114 of 2023

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A WRIT OF MANDAMUS OR ANY OTHER WRIT, DIRECTION OR ORDER TO THE R-2 AND 3 NOT TO DEMOLISH EXISTING STRUCTURES OF THE PETITIONERSCALL FOR RECORDS FROM THE RESPONDENTS AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Sri. Basavaraja H.T, learned counsel is directed to take notice for the respondent No.2 in the place of Smt. Sunitha H Singh as she has not filed vakalath.

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The petitioners claiming to be the purchaser of sites forming part of land in Sy.No.26 measuring 9 acres 6 guntas situated at Geddalahalli, K.R.Puram, Bangalore, are before this Court seeking following reliefs;

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"a) Issue a Writ of Mandamus or any other writ, direction or order to the Respondents No. 2 and 3 not to demolish existing structures of the Petitioners.

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(b) Call for records from the Respondents;

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(c) To grant such other relief/s as this Hon'ble Court may deem fit to grant under the circumstances of the case, in the interest of justice."

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NC: 2025:KHC:3063 WP No. 19114 of 2023

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Learned counsel for the petitioners submits that petitioners purchased these sites in the layout that was formed by one I.F. Dominick prior to acquisition made by the respondent- authorities and that based on the acquisition, the respondent- authorities are now taking steps and making hectic efforts to disposes the petitioners and to demolish the structures existing on the said property.

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Counsel for the respondent -BDA submits claims as made by the petitioners in this case are being considered by the Committee of Hon'ble Justice Sri.K.N.Keshavanarayana and petitioners may also be relegated to the said Committee.

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Learned counsel for the petitioners submits liberty be reserved to the petitioners to appear before Justice Sri.K.N.Keshavanarayana Committee which is considering the claims of parties in respect of "Arkavathi Layout".

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