B Lokanandha Naidu Vs the State of Karnataka

THE BANGALORE DEVELOPMENT AUTHORITY, HAVING ITS HEAD OFFICE AT, 5^TH MAIN RD, KUMARAPARK WEST, GUTTAHALLI, BENGALURU - 560 020. REPRESENTED BY ITS COMMISSIONER.

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THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, 5^TH MAIN RD, KUMARAPARK WEST, GUTTAHALLI, BENGALURU - 560 020.

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&RESPONDENTS

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(BY SRI. HARISHA A S., AGA FOR R1;

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SRI. N.R.GIRISH., ADVOCATE FOR R2 AND R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE 2^ND RESPONDENT TO CONSIDER THE REPRESENTATIONS ISSUED TO THE RESPONDENT NO.2 AND 3 UNDER THE PROVISIONS OF SECTION.38D OF THE BANGALORE DEVELOPMENT AUTHORITY ACT DATED 2810-2025 AS PER ANNEXURE- A AND B AND ETC.

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

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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NC: 2025:KHC:48434 WP No. 34802 of 2025

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HC-KAR

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ORAL ORDER

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Learned Addl. Government Advocate accepts notice for respondent No.1.

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Sri. N.R.Girish, learned counsel is directed to take notice for respondent Nos.2 and 3.

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The petitioners are seeking for the following relief:

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<1. Direct by issuance of Writ in the nature of Mandamus, directing the 2^nd Respondent to consider the Representations issued to the Respondent No.2 and 3 under the provisions of Section.38D of the Bangalore Development Authority Act, 1976 dated 28-10-2025 as per Annexure-8A9 AND 'B';

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2. Direct by issuance of Writ in the nature of Mandamus, directing the Respondent No.2 and 3 not to take coercive steps and disturb the possession of the Petitioners from the schedule property till the consideration of the Representation dated 28-10-2025 as per Annexure-8A9 and 'B'..

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3. Pass such other order as this Hon9ble Court may deem fit in the above Writ Petition in the interest of justice and equity.=

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NC: 2025:KHC:48434 WP No. 34802 of 2025

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HC-KAR

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Heard the learned counsel for the parties and

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perused the material on record.

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Learned counsel for the petitioners contends

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that the petitioners are absolute owners in possession and enjoyment of the residential immovable property of site No.4 (Old Survey No.81/4), Khata No.94 situated at Hennur Village, Kasaba Hobli, Bengaluru North Taluk (for short 'the schedule property'). The petitioners have submitted a representations dated 28.10.2025 (Annexures-A and B) to respondent Nos.2 and 3, seeking regularization of such occupation under Section 38D of the Bangalore Development Authority Act, 1976 (hereinafter referred to as the 8BDA Act9 for short).

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It is contended that, despite submitting of the

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representations in October, 2025 (Annexures-A and B),

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the respondents have not yet considered or acted upon it.

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5 - NC: 2025:KHC:48434 WP No. 34802 of 2025

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HC-KAR

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Learned counsel for respondent Nos.2 and 3

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submits that the petitioners' representations would be duly considered in accordance with law, if a reasonable time is granted.

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The submission is recorded.

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In view of the above submission, the petitioners' grievance would stand redressed, if appropriate directions are issued to respondent Nos.2 and 3 to consider the representations expeditiously.

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Accordingly, respondent Nos.2 and 3 are directed to consider and dispose of the petitioner9s representations dated 28.10.2025 (Annexures-A and B) in accordance with law, within an outer limit of two(2) months from the date of receipt of a certified copy of this order.

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