Disposed¶43

S Kumaresh v. the State of Karnataka

Karnataka HC10 Dec 2025WP/36476/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; NC: 2025:KHC:52747; WP No. 36476 of 2024 (BDA); Justice K.S. Hemalekha; writ of mandamus; reconveyance application; Section 38(d) BDA Act; Bengaluru Development Authority; application dated 13.05.2024; Annexure-A; site No.19 New No.M-13 part of CITB No.1071; Jedahalli Village; Rajajinagar 5 Block; time-bound direction; eight weeks; petition disposed.

What did the court decide?

Respondent No.2 (Commissioner, BDA) directed to consider the petitioner's reconveyance application dated 13.05.2024 and pass appropriate orders in accordance with law within eight weeks from receipt of a copy of the order. ¶43

S Kumaresh Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:52747 WP No. 36476 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 36476 OF 2024 (BDA)

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BETWEEN:

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S. KUMARESH S/O LATE SAMPATH, AGED 39 YEARS, R/AT 56, NEAR MUNESHWARA TEMPLE, 3RD CROSS, VINAYAKANAGAR, BENGALURU - 560 026.

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…PETITIONER

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(BY SRI. CHANDRASHEKAR L, ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, VIDHANA VIDHI, BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.

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THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, BENGALURU - 560 020.

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…RESPONDENTS

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(BY SRI. HARISHA A.S, AGA FOR R1; SRI. MURUGESH V. CHARATI, ADVOCATE FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 TO CONSIDER HIS APPLICATION FOR RECONVEYANCE DTD

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NC: 2025:KHC:52747 WP No. 36476 of 2024

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HC-KAR

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13.05.2024 IN RESPECT OF THE PROPERTY SY. NO.1/229 BEARING SITE NO. 19, NEW NO. M-13, (PART OF CITB NO. 1071) SITUATED AT 17TH A MAIN ROAD, JEDAHALLI VILLAGE, RAJAJINAGAR 5 BLOCK, BANGALORE, MEASURING EAST TO WEST 35 FEET AND NORTH TO SOUTH 30 FEET, AND BOUNDED ON EAST BY PROPERTY BEARING NO. 42, WEST BY ROAD, NORTH BY PROPERTY OF BEARING NO. 18, PRESENTLY NEW NO M-12, SOUTH BY PROPERTY BEARING NO. 20 PRESENTLY PROPERTY OF BDA RESERVED FOR AUCTION, PRODUCED AT ANNX-A.

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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 MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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Petitioner is before this Court seeking for following

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reliefs:

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" 1. Issue a writ of mandamus directing the respondent No.2 to consider his application for reconveyance dated 13.05.2024 in respect of the property in Sy.No.1/22G bearing site No.19, New No.M-13, (part of CITB No.1071) situated at 17^th A Main Road, Jedahalli Village, Rajajinagar 5 Block, Bangalore, measuring East to West 35 feet and North to South 30 feet, and bounded on East by: property bearing No.42, West by: road, North by: property bearing No.18, presently new No.M-12, South by: property bearing No.20 presently property of BDA reserved for auction, produced at Annexure-A,

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3 - NC: 2025:KHC:52747 WP No. 36476 of 2024

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HC-KAR

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(ii) issue such other writ or writs or pass any such order or orders as this Hon'ble court may deem fit under the facts and circumstances of the case, in the interest of justice and equity."

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Heard Sri. Chandrashekar L, learned counsel

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appearing for petitioner and Sri. Harisha A S, learned AGA for respondent No.1 and Sri. Murugesh V Charati, learned

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counsel appearing for respondent No.2.

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Learned counsel for the petitioner submits that an application is filed under Section 38(d) of the Bengaluru Development Authority Act, by the petitioner at AnnexureA dated 13.05.2024 seeking reconveyance in respect of Sy.No.1/22G bearing site No.19, New No.M-13, (part of CITB No.1071) situated at 17^th A Main Road, Jedahalli Village, Rajajinagar 5 Block, Bangalore.

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Learned counsel for respondent-BDA fairly

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submits that the application of the petitioner shall be considered in accordance with law within a time bound manner.

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NC: 2025:KHC:52747 WP No. 36476 of 2024

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HC-KAR

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The grievance of the petitioner is being non-

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consideration of the application dated 13.05.2024 at Annexure-A, necessary direction needs to be issued to the respondent. Accordingly, the following:

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ORDER

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i. Writ petition is disposed of.

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ii. Respondent No.2 is directed to consider the petitioners' application dated 13.05.2024 and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

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Sd/-

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__________________ JUSTICE K.S. HEMALEKHA

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SSD

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List No.: 1 Sl No.: 21

S Kumaresh v. the State of Karnataka

Case brief

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S Kumaresh v. the State of Karnataka

Case brief

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