Sri B K Ramesh Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri B K Ramesh Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the petitioners to make representations to respondent Nos.2 and 3 (BDA) and respondent No.1 (State Government) or to register themselves as applicants as required; the respondents directed to take into consideration that the petitioners purchased the sites prior to the acquisition, to consider the representations in accordance with law, and to pass orders one way or the other as expeditiously as possible.

Issue for consideration

Whether the respondents (BDA and the State Government) ought to be directed to consider the petitioners' representations dated 3.12.2009, 7.3.2014, 16.2.2017, 11.4.2022 and 18.4.2022 (Annexures-F, G, H, J and K) seeking allotment of sites formed in the acquired land, and dispose of the same within a time-bound manner.

Court's answer

The writ petition is disposed of, reserving liberty to the petitioners either to make representations or to register themselves as applicants as required.

Ratio / Principle

Respondent Nos.2 and 3 (BDA) as well as respondent No.1 (State Government) shall take into consideration the fact that the petitioners claimed to have purchased the sites prior to the acquisition.

Key takeaways

The respondents shall consider the representations in accordance with law and pass orders one way or the other as expeditiously as possible.ratio¶64

Detailed headnote1 paragraphs

Oral order of a single judge (Hon'ble Mr Justice M.G.S. Kamal, High Court of Karnataka, Bengaluru, 16.01.2025) disposing of Writ Petition No. 22086 of 2022 (LA-BDA), filed under Articles 226 and 227 of the Constitution of India by twenty claimants to sites formed in Sy.Nos.28/3, 28/4, 28/5 and 28/10 (New Sy.Nos.52, 53, 54 and 57) of Gidadakonenahalli, Yeswanthpura Hobli, Bengaluru North Taluk - land acquired by respondent Nos.2 and 3 (Bangalore Development Authority) for further extension of Sir. M. Vishweshwaraiah Layout. Petitioners, relying on Junjamma and others vs. The Bangalore Development Authority and others [ILR 2005 KAR 608], sought a direction to consider their representations dated 3.12.2009, 7.3.2014, 16.2.2017, 11.4.2022 and 18.4.2022 (Annexures-F, G, H, J and K) for allotment of sites. BDA contended that under Junjamma the petitioners were required to register as applicants within three months, and that State instructions bar any application filed after 2014; the Court did not adjudicate these objections. Taking the petitioners' submission on record, the Court disposed of the petition reserving liberty to the petitioners to make representations or register themselves as applicants, and directed respondent Nos.2 and 3 (BDA) and respondent No.1 (State Government) to take into consideration that the sites were purchased prior to the acquisition, to consider the matter in accordance with law, and to pass orders one way or the other as expeditiously as possible. Notice to respondent No.4 (Rastrakavi Kuvempu Pratistana) was dispensed with vide order dated 16.1.2025.

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NC: 2025:KHC:1618 WP No. 22086 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 22086 OF 2022 (LA-BDA)

BETWEEN:

SRI. B.K. RAMESH S/O LATE K. BALACHANDRA AGED ABOUT 64 YEARS, RESIDING AT NO.169, 7^TH MAIN, 4^TH CROSS, NAGENDRA BLOCK, BANASHANKARI BENGALURU-560 050.

SRI. MUKUNDA RAO, S/O NARASOJI RAO, AGED 75 YEARS, RESIDING AT NO.304, A-2 BLOCK, RIJEO APARTMENTS, AIRPORT ROAD, BENGLAURU-560 017.

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

SMT. NAGARATHNA W/O G.V. RAMAKRISHNA AGED ABOUT 57 YEARS, RESIDING AT NO.585 9^TH 'C' MAIN ROAD, 8^TH CROSS, RPC LAYOUT, VIJAYANAGAR, BENGALURU-560 040.

SMT. SOWBHAGYA W/O SRI. DEEPAK AGED 50 YEARS, RESIDING NO.408 1^ST CROSS, IDEAL HOMES,

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NC: 2025:KHC:1618 WP No. 22086 of 2022

R.R. NAGAR, BENGALURU-560 098.

SMT. H.S. SAVITHRI W/O G. SRIKAMAIAH, AGED 54 YEARS, RESIDING AT NO.436, 16^TH A MAIN ROAD, 4^TH 'T' BLOCK, JAYANAGAR, BENGALURU-560 041

SRI. SRIHARI S/O SMT. RAMAMANI AGED ABOUT 30 YEARS, RESIDING AT NO.116, 2^ND BLOCK, THYAGARAJNAGAR BENGALURU-560028.

SMT. SHYLA S PAL W/O UMESH V NAIK AGED ABOUT 54 YEARS, RESIDING AT NO.53, 14^TH CROSS, VENKATAPURA KORAMANGALA BENGALURU-560 034.

SMT. SHANTHAMMA W/O K. RAJU, AGED ABOUT 70 YEARS, RESIDING AT NO.94, 3^RD CROSS, RAMESH NAGAR, BENGALURU-560 037.

SMT. ASHWATHAMMA W/O NARASIMHAMURTHY, AGED ABOUT 64 YEARS, RESIDING AT NO.35 T C M RAYAN ROAD, BENGALURU-560 053.

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SRI. G. NARASIMHAMURTHY W/O LATE GANGADHAR, AGED ABOUT 60 YEARS, RESIDING AT NO.47/21 MUNEGOWDA GARDENS NEELASANDRA, BENGALURU-560 047

SMT. B.M. NAGARATHNAMMA W/O VENKATACHALAIAH, AGED ABOUT 68 YEARS, RESIDING AT GEJJAADAHALLY SHIVANAPURA POST, DASANAPURA HOBLI, BENGALURU-562 162.

SMT. PUSHPALATHA W/O G.S. RAMAKRISHNA, AGED ABOUT 51 YEARS, RESIDING AT GEJJAGADAHALLY SHIVANAPURA POST, DASANAPURA HOBLI, BENGALURU-562 162.

SMT. S.V. JAMUNA W/O G. LAXMAIAH AGED ABOUT 51 YEARS, RESIDING AT GEJJAGADAHALLY SHIVANAPURA POST, DASANAPURA HOBLI, BENGALURU-562 162.

SMT. BYRAMMA W/O L. RANGAPPA AGED ABOUT 72 YEARS, RESIDING AT GEJJAGADAHALLY SHIVANAPURA POST, DASANAPURA HOBLI, BENGALURU-562 162.

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SMT. BHAGYAMMA W/O NARAYANAGOWDA AGED ABOUT 58 YEARS, RESIDING AT NO.606 VIDYANIKETHANA ROAD, MUDDANAPALYA BENGALURU-560 091.

SMT. RAHNAMMA W/O RAMESH AGED ABOUT 55 YEARS, RESIDING AT NO.606 VIDYANIKETHANA ROAD, MUDDANAPALYA BENGALURU-560 091.

SMT. N. VIJYALAKSHMI W/O K.N. SATHYANARAYANA AGED ABOUT 65 YEARS, RESIDING AT NO.518 41^ST CROSS, 8^TH BLOCK, JAYANAGAR, BENGALURU-560 082

SMT. N. VIJAYAMMA W/O NARAYANAMURTHY AGED ABOUT 51 YEARS, RESIDING AT NO.2235 12^TH MAIN ROAD, KUMARASWAMY LAYOUT, BENGALURU-560 078.

SRI. PAVAN S/O B.N GOPINATH AGED ABOUT 40 YEARS, RESIDING AT NO.37, 1^ST FLOOR, 10^TH CROSS, 5^TH 'C' MAIN, WEST OF CHORD ROAD, MAHALAKSHMIPURA, BENGALURU-560 086.

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SMT. RADHA RAO W/O RAMACHANDRA RAO AGED ABOUT 60 YEARS, RESIDING AT NO.313, 4^TH MAIN ROAD, MOUNT JOY EXTENSION, HANUMANTHANAGAR BENGALURU-560 090

…PETITIONERS

(BY SMT. MAMATA GURURAO KULKARNI, ADVOCATE)

AND:

THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, HOUSING AND URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560 001.

BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER T. CHOWDAIAH ROAD, K.P. WEST, BENGALURU-560 020.

THE LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, K.P. WEST, BENGALURU-560 020.

RASTRAKAVI KUVEMPU PRATISTANA ® KUPPALLI VILLAGE, THIRTHAHALLY TALUK SHIVAMOGGA DISTRICT-577 432 REPRESENTED BY ITS SECRETARY, SRI. KADIDAL PRAKASH

…RESPONDENTS

(BY SRI. HANUMANTHARAYA LAGALI, AGA FOR RESPONDENT NO.1;

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SRI. K. KRISHNA, ADVOCATE FOR RESPONDENT NOS.2 AND 3 VIDE ORDER DATED 16.1.2025 NOTICE TO RESPONDENT NO.4 DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 3.12.2009, 7.3.2014, 16.2.2017, 11.4.2022 AND 18.4.2022, COPIES OF WHICH ARE PRODUCED AT ANNEXURES-F, G, H, J AND K RESPECTIVELY IN SO FAR AS PETITIONERS CONCERNED AND DISPOSE OF THE SAME WITHIN TIME BOUND MANNER TO BE FIXED BY THIS HON'BLE COURT TO MEET THE ENDS OF JUSTICE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

The petitioners are before this Court claiming to be the purchasers of sites formed in land bearing Sy.Nos.28/3, 28/4, 28/5 and 28/10 (New Sy.Nos.52, 53, 54 and 57 respectively) of Gidadakonenahalli, Yeswanthpura Hobli, Bengaluru North Taluk, which was acquired by the respondent Nos.2 and 3 - BDA for further extension of Sir. M. Vishweshwaraiah Layout. Representations as per Annexures - F, G, H, J and K were submitted by the petitioners seeking allotment of sites, nonconsideration of which, has constrained the petitioners to approach this Court.

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Learned counsel for the petitioners relied upon the

judgment of this Court passed in Junjamma and others vs.

The Bangalore Development Authority and others [ILR

2005 KAR 608] and the subsequent decision passed pursuant thereon and seeks for a direction to the respondent Nos.2 and

3 - BDA to consider the representations.

In response, Sri. K. Krishna, learned counsel for the respondent Nos.2 and 3 - BDA submits that even in terms of the judgment passed by this Court in Junjamma and others, referred supra, the petitioners were required to have registered themselves as applicants within a period of three months from the date of the said judgment. Further, he submits that in terms of the instructions issued by the State Government, any application filed subsequent to the year 2014 cannot be accepted. Thus, he submits that representations at this belated stage cannot be considered.

Learned counsel for the petitioners however insists that liberty be reserved to the petitioners to make representations both to respondent Nos.2 and 3 - BDA as well as to respondent No.1 - State Government with a direction to

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consider the same in view of the fact that the petitioners are in large numbers and they had purchased the sites prior to the acquisition and that mere ignorance of the petitioners should not be a ground to deprive them of their entitlement.

The submission of the learned counsel for the petitioners is taken on record.

The petition is disposed of reserving liberty to the petitioners either to make representations or register themselves as applicants as required. In that event, respondent Nos.2 and 3 - BDA as well as respondent No.1 - State Government shall take into consideration the fact that the petitioners claimed to have purchased the sites prior to the acquisition and consider the same in accordance with law and pass orders one way or the other as expeditiously as possible.

Sd/(M.G.S. KAMAL) JUDGE

PMR

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