The Commissioner Vs Hanumantharayappa

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 13.08.2024 PASSED IN WP No.32476/2016 BY THE LEARNED SINGLE JUDGE, ETC.

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IN WA NO. 1645/2024

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BETWEEN:

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THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 003.

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SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 003.

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...APPELLANTS

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(BY SRI. SACHIN B S., ADVOCATE)

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HC-KAR

AND:

MOODALAPPA

SINCE DECEASED REPRESENTED

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BY HER LEGAL LRs

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RESPONDENT No.1 TO 3

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THIMMAHANUMAIAH AGED ABOUT 59 YEARS, S/O LATE MOODALAPPA

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KRISHNAPPA AGED ABOUT 49 YEARS, S/O LATE MOODALAPPA

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SMT. SHARADA AGED ABOUT 39 YEARS, S/O LATE KUMAR

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R1 TO R3 REP. BY GPA HOLDER, T.N.JAVARAYI GOWDA, No.121, 1^ST 'E' MAIN ROAD, 1^ST BLOCK, 2^ND STAGE, NAGARABHAVI, BANGALORE-560072.

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STATE OF KARNATAKA REP. BY ITS SECRETARY, HOUSING AND URBAN DEVELOPMENT, VIDHANA SOUDHA BANGALORE 560001 ...RESPONDENTS (BY SRI. H.R.NARAYANA RAO, ADVOCATE FOR SRI. RAJESWARA P.N, ADVOCATE FOR C/R1; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R4)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 13.08.2024 PASSED IN WP No.33208/2016 (LA-BDA) BY THE LEARNED SINGLE JUDGE.

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4 - NC: 2026:KHC:14085-DB WA No. 1638 of 2024 C/W WA No. 1645 of 2024 WA No. 1667 of 2024

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HC-KAR

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IN WA NO. 1667/2024

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BETWEEN:

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THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560 003.

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THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560 003.

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...APPELLANTS

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(BY SRI. SACHIN B S., ADVOCATE)

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AND:

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HANUMANARASAMMA

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S/O LATE GANGAPPA, AGED ABOUT 55 YEARS, RESIDING AT MUDDAIAHNAPALYA, VISHWANEEDAM POST, YESHWANTHAPURA HOBLI, BENGALURU - 560 091.

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STATE OF KARNATAKA REP. BY ITS SECRETARY, HOUSING AND URBAN DEVELOPMENT, VIDHANA SOUDHA BANGALORE - 560001

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...RESPONDENTS

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(BY SRI. H.R.NARAYANA RAO, ADVOCATE FOR SRI. RAJESWARA P.N, ADVOCATE FOR C/R1; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 13.08.2024 PASSED IN WP

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HC-KAR

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No.32475/2016 BY THE LEARNED SINGLE JUDGE, ETC.

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THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH

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and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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These three appeals have been filed impugning the

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common judgment and order dated 13.08.2024 passed by the writ Court in W.P.No.33208/2016 (LA-BDA) C/w W.P.No.32475/2016 (LA-BDA) and W.P.No.32476/2016 (LA-BDA).

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The parties are referred to as per their ranking

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before the writ Court, for the sake of convenience.

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Sri B.S. Sachin, learned counsel appearing for the appellants/Bangalore Development Authority (for short 'the BDA' ), submits that the petitioners' challenge to the land acquisition proceedings were negated by the learned Single Judge as well as the Division Bench in the earlier round of litigation. In support of the said submission, he

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HC-KAR

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has placed on record the judgment dated 03.04.2025 passed by the Coordinate Bench of this Court in Writ Appeal No.1329/2006 and other connected writ appeals. It is further submitted that the petitioners were parties before the learned Single Judge, however, they were not parties before the Division Bench. The petitioners did not prefer the appeals and they accepted the judgment of the learned Single Judge in the earlier round of litigation.

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It appears that the said fact and the judgment dated 03.04.2025 were not brought to the notice of the learned Single Judge in the present writ petition in W.P.No.33208/2016 (LA-BDA) C/w W.P.No.32475/2016 (LA-BDA) and W.P.No.32476/2016 (LA-BDA).

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Therefore, we deem it appropriate to permit the appellants/BDA to file a review petition seeking review of the judgment and order dated 13.08.2024, which is impugned in these writ appeals.

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HC-KAR

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The appellants/BDA are granted four weeks time to

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file the review petition before the learned Single Judge. If they file the review petition, till the review is finally decided, the respondents/petitioners are restrained from alienating or creating any third party right or interest in respect of the properties in question.

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With the aforesaid directions, we dispose off these writ appeals.

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In view disposal of the appeals, pending interlocutory

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applications, if any, do not survive for consideration and accordingly stand disposed of.

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Sd/(D K SINGH) JUDGE

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Sd/(T.M.NADAF) JUDGE

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NG CT: SN List No.: 1 Sl No.: 8

The Commissioner v. Hanumantharayappa

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The Commissioner v. Hanumantharayappa

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