Dismissed¶66

Sri Yellappa v. State of Karnataka

Karnataka HC8 Jun 2026WP/45596/2012

Case brief

AI extract

What is this about?

Dismissal for non-prosecution; Karnataka High Court; Justice R. Nataraj; order dated 08.06.2026; writ petitions under Articles 226 and 227 of the Constitution of India against BDA land acquisition preliminary notification dated 02.02.1989 (No.BDA/ALAO/A3/139/88-89) and final notifications dated 06.10.1997 (No.UDD/629/MNX/97) and 19.01.1994 (No.HUD/483/MNX/91); petitioners absent and unrepresented; pendency exceeding 10 years; no adjudication on merits; no precedent cited; no costs or compensation amount involved.

What did the court decide?

Since the petitions had been pending for more than 10 years and the petitioners were not diligent in prosecuting them, no further indulgence could be shown to the petitioners. ¶65

Sri Yellappa Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

¶1

NC: 2026:KHC:27235 WP No. 45596 of 2012 C/W WP No. 4566 of 2014

¶2

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 8^TH DAY OF JUNE, 2026

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 45596 OF 2012 (LA-BDA) C/W WRIT PETITION NO. 4566 OF 2014 (LA-BDA)

¶8

IN WP No. 45596/2012

¶9

BETWEEN:

¶10

SRI. YELLAPPA S/O. LATE YELLAPPA SINCE DECEASED BY HIS LRS

¶11

SRI. LAKSHMANAPPA AGED ABOUT 68 YEARS S/O LATE YELLAPPA

¶12

SRI. MUNIYAPPA AGED ABOUT 65 YEARS S/O LATE YELLAPPA

¶13

Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

¶14

SRI. NARAYANA AGED ABOUT 63 YEARS S/O LATE YELLAPPA

¶15

ALL ARE RESIDING AT NO.360, NEAR YELLAMMA DEVI TEMPLE THIGALARA BEEDI KENGERI TOWN BANGALORE SOUTH TALUK BANGALORE-560060

¶16

…PETITIONERS

¶17

(BY PETITIONER NOS.1 TO 3 (ABSENT))

¶18

AND:

¶19

STATE OF KARNATAKA BY ITS SECRETARY

¶20

2 - NC: 2026:KHC:27235 WP No. 45596 of 2012 C/W WP No. 4566 of 2014

¶21

HC-KAR

¶22

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT M S BUILDING, BANGALORE-560001

¶23

THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560020

¶24

THE SPECIAL LAND ACQUISITION OFFICER THE BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560020

¶25

…RESPONDENTS

¶26

(BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1;

¶27

SRI. B.S.SACHIN, ADVOCATE FOR RESPONDENT NOS.2 AND 3)

¶28

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 02.02.1989 IN NO.BDA/ALAO/A3/139/88-89 VIDE ANNEXURE-C AND ALSO THE FINAL NOTIFICATION DATED 06.10.1997 IN NO.UDD/629/MNX/97 VIDE ANNEXURE-E ISSUED BY THE 1^ST RESPONDENT AND ETC.

¶29

IN WP NO. 4566/2014

¶30

BETWEEN:

¶31

SRI. YELLAPPA S/O LATE YELLAPPA, SINCE DECEASED BY HIS LRS,

¶32

SRI. LAKSHMANAPPA, AGED ABOUT 70 YEARS, S/O LATE YELLAPPA,

¶33

SRI. ASHWATHAPPA S/O LATE YELLAPPA, SINCE DEAD BY HIS LRS

¶34

3 - NC: 2026:KHC:27235 WP No. 45596 of 2012 C/W WP No. 4566 of 2014

¶35

HC-KAR

¶36

2(a) SMT. RATHNAMMA W/O LATE ASHWATHAPPA AGED ABOUT 60 YEARS,

¶37

2(b) SMT. ANJU D/O LATE ASHWATHAPPA AGED ABOUT 45 YEARS,

¶38

2(c) SMT. PARIMALA D/O LATE ASHWATHAPPA AGED ABOUT 40 YEARS,

¶39

2(d) SRI. A. UMENSH S/O LATE ASHWATHAPPA AGED ABOUT 37 YEARS,

¶40

PETITIONER NO.2(a) TO 2(d) ARE RESIDING AT NO.55/a, GUTTE ANJANEYASWAMY ROAD, MADESWAMY MATA, BANGALORE-560060.

¶41

SRI. MUNIYAPPA AGED ABOUT 64 YEARS, S/O LATE YELLAPPA,

¶42

SRI. NARAYANA AGED ABOUT 60 YEARS, S/O LATE YELLAPPA,

¶43

PETITIONER NO.1, 3, 4 ARE RESIDING AT NO.360, NEAR YELLAMMA DEVI TEMPLE, THIGALARA BEEDI, KENGERI TOWN, BANGALORE SOUTH TALUK, BANGALORE-560060

¶44

...PETITIONERS

¶45

(PETITIONER NO.1, 2(a) TO 2(d), 3 AND 4 ARE ABSENT)

¶46

AND:

¶47

THE STATE OF KARNATAKA BY ITS SECRETARY

¶48

¶49

NC: 2026:KHC:27235 WP No. 45596 of 2012 C/W WP No. 4566 of 2014

¶50

HC-KAR

¶51

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT M.S. BUILDING, BANGALORE-560001

¶52

THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560020

¶53

THE SPECIAL LAND ACQUISITION OFFICER THE BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560020

¶54

...RESPONDENTS

¶55

(BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1;

¶56

SRI. AJAY KUMAR, ADVOCATE FOR RESPONDENT NOS.2 AND 3)

¶57

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION NO.BDA/ALAO/A3/139/88-89, WHICH WAS PUBLISHED IN THE KARNATAKA GAZETTE DATED 02.02.1989 VIDE ANNEXURE-F, WHEREIN THE LANDS OF THE PETITIONERS ARE NOTIFIED AT SL.NO.468 AND 477 RESPECTIVELY AND ALSO THE FINAL NOTIFICATION DT.19.01.1994 IN NO.HUD/483/MNX/91 WHICH WAS PUBLISHED IN KARNATAKA GAZETTE ON 03.03.1994, VIDE ANNEXURE-G WHEREIN THE LANDS OF THE PETITIONERS ARE NOTIFIED SL.NO.395 AND 404 RESPECTIVELY, ISSUED BY THE 1^ST RESPONDENT AND ETC.

¶58

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

¶59

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

¶60

5 - NC: 2026:KHC:27235 WP No. 45596 of 2012 C/W WP No. 4566 of 2014

¶61

HC-KAR

¶62

ORAL ORDER

¶63

The petitioners are absent.

¶64

These petitions are filed in the year 2012 and 2014

¶65

respectively. Having regard to the fact that the petitions are pending for more than 10 years and the petitioners are not diligent in prosecuting the petitions, no further indulgence can be shown to the petitioners.

¶66

3. Consequently, these petitions are dismissed for

¶67

non-prosecution.

Sd/(R. NATARAJ)

JUDGE

List No.: 1 Sl No.: 6