P Anitha 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; 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 A) 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 DATED 2810-2025 AS PER ANNEXURE-A, B, C., 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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NC: 2025:KHC:48435 WP No. 34811 of 2025

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HC-KAR

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

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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 dated 28-10-2025 as per Annexure-‘A’, 'B' and 'C';

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2. Direct by issuance of Writ in the nature of Mandamus or any other Writ Directing the Respondents No.2 and 3 not to take coercive steps and disturb the possession of the Petitioner from the schedule property till the consideration of the Representation made on 28-10-2025;..

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3. Pass such other order as this Hon’ble Court may deem fit in the above Writ Petition in the interest of justice and equity.”

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NC: 2025:KHC:48435 WP No. 34811 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 that the petitioners are absolute owners in possession and enjoyment of the residential immovable property of sites bearing Survey Nos.27, 28 and 29 (old Survey No.81/5), Khata No.95 situated at Hennur Village, Kasaba Hobli, Bengaluru North Taluk (for short 'the schedule property'). The petitioners have submitted the representations dated 28.10.2025 (Annexures-A, B and C) 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 ‘BDA Act’ for short).

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It is contended that, despite submitting of the representations in October, 2025 (Annexures-A, B and C), the respondents have not yet considered or acted upon it.

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Learned counsel for respondent Nos.2 and 3 submits that the petitioners' representations would be duly

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5 - NC: 2025:KHC:48435 WP No. 34811 of 2025

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HC-KAR

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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

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directed to consider and dispose of the petitioners' representations dated 28.10.2025 (Annexures-A, B and C) 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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It is further ordered that, until such consideration and decision, respondent Nos.2 and 3 shall not take any coercive steps against the petitioners or disturb their possession of the schedule property.

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NC: 2025:KHC:48435 WP No. 34811 of 2025

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