Mr v Varghese Vs State of Karnataka

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NC: 2026:KHC:2215 WP No. 609 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 609 OF 2026 (LA-BDA)

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BETWEEN:

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MR. V. VARGHESE SON OF VARGHESE CHACKO, AGED ABOUT 56 YEARS, RESIDING AT NO.19, HOUSE NO.58 AND 59, KALATHUR GARDENS, HASERGATTA MAIN ROAD, LAKSHMIBERA CROSS, BANGALORE-560 097.

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Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA

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MR. MATHEW THOMAS SON OF LATE MR. O. THOMAS, AGED ABOUT 47 YEARS, RESIDENT AT T-C, 6/11, KANJIRAMVILAYIL, PNRA, P46, PRIYADHARSINI LANE, PRASANTH NAGAR, MEDICAL COLLEGE, P.O, TRIVANDRUM - 695 011.

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ALSO AT NO. 27, VADERAHALLI, VIDYARANYAPURA POST, BANGALORE NORTH, BANGALORE - 560 097.

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MR. THOMAS CHACKO ALIAS MR. THOMAS KUTTY SON OF VERGHESE CHACKO AGED ABOUT 51 YEARS, RESIDING AT NO. 19,

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NC: 2026:KHC:2215 WP No. 609 of 2026

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HC-KAR

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KALATHUR GARDEN, HESARAGHATTA MAIN ROAD, VADERAHALLI, VIDYARANYAPURA, BANGALORE NORTH, BANGALORE-560 097.

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MR. THOMAS K. NINAN SON OF K. K. NINAN THARAKAN, AGED ABOUT 48 YEARS, RESIDENT AT P.B NO.3214, FUJAIRAH, UAE

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ALSO AT NO. 19, KALATHUR GARDEN, LAKHSMIPURA CROSS, VIDYARANYAPURA POST, BANGALORE - 560 097.

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MR. MANOJ TOM VARKEY, SON OF P.T VARKEY, AGED ABOUT 56 YEARS, RESIDENT AT POTTACKAVELIL, THIRKOTHAMANGALAM P.O, PUTHUPALLY KOTTAYAM - 11.

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ALSO RESIDENT AT NO.71, KALATHUR LAYOUT, JALAHALLI, BANGALORE - 560 013.

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MR. D. RAJAN SON OF Y. DANIEL, AGED ABOUT 75 YEARS, RESIDING AT NO.115, KALATHUR LAYOUT, JALAHALLI, BANGALORE - 560 013.

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MR. V. S. ABU SAMUEL SON OF V. S. SAMARKUTTY, AGED ABOUT 54 YEARS,

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3 - NC: 2026:KHC:2215 WP No. 609 of 2026

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HC-KAR

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RESIDING AT DOOR NO.C-407, CONCORDE SPRING MEADOWS APARTMENTS, NEAR BONE MILL JUNCTION, HESSERGATTA ROAD, DASARAHALLI, BANGALORE - 560 057.

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MR. NITIN LUKE JOHN SON OF JOHN P. LUKE, AGED ABOUT 40 YEARS, RESIDENT AT NO. 19, KALATHUR GARDEN, LAKSHMIPURA CROSS, GUIAGRAHARA, BANGALORE NORTH, BANGALORE-560 097.

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MR. VARGHESE VAIDHYAN SON OF DANIEL VAIDHYAN, AGED ABOUT 54 YEARS, 19, KALATHUR GARDEN, LAKSHMIPURA CROSS, GUIAGRAHARA, BANGALORE NORTH, BANGALORE-560 097.

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MR. P. T. MATHEW ALIAS MATHEW TITUS P. SON OF P. P. MATHEW, AGED ABOUT 37 YEARS, RESIDING AT NO.1485, AKRIA BUILDING, 23^RD CROSS, 4^TH MAIN, NEAR FOOD ONE HYPERMART, HSR SECTOR 7, HSR LAYOUT, PO: HSR LAYOUT, BENGALURU 560 102.

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MR. FENWICK JOHN SON OF V. J. JOHN,

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NC: 2026:KHC:2215 WP No. 609 of 2026

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HC-KAR

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AGED ABOUT 53 YEARS, RESIDING AT NO. 45, KALATHUR GARDEN ENCLAVE, VADERAHALLI, HASERGHATTA MAIN ROAD, NEAR KANISHIRAMNAGAR BUS STOP, VIDYARANYAPURA, BENGALURU - 560 097.

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MR. S. MURALI KRISHNA SON OF S.G. NAIDU, AGED ABOUT 53 YEARS, RESIDING AT DOOR NO.58-14-69/10 F-4, NIMISH RESIDENCY, MIG 52, VUDA LAYOUT, MARRIPALEM, VISAKHAPATNAM-530009.

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MR. T. KARTHIKEYAN SON OF LATE MR. THIRUNAVUKARASU, AGED ABOUT 63 YEARS, RESIDENT AT NO. 76, BULLET KRISHNAPPA LAYOUT, THINDLU, BANGALORE NORTH, BANGALORE - 560 097.

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…PETITIONERS

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(BY SRI. DHANANJAY JOSHI., SENIOR ADVOCATE FOR SMT. LEKHA G D., ADVOCATE)

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AND:

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STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, M. S. BUILDING, DR. AMBEDKAR VEDHI, BENGALURU - 560 001, REP. BY ITS SECRETARY.

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BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD,

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HC-KAR

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KUMARA PARK WEST, BANGALORE-560 020, REP. BY ITS COMMISSIONER.

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SPECIAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560 020.

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…RESPONDENTS

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(BY SRI. A S HARISHA.,AGA FOR R1; SRI. SHIVAPRASAD SHANTHAN GOWDAR., ADVOCATE FOR R2 AND R3)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INIDA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.2-BANGALORE DEVELOPMENT AUTHORITY TO CONSIDER AND DISPOSE OF THE PETITIONERS' REPRESENTATIONS DATED 24.11.2025 (ANNEXURE T TO T14), BY PASSING A REASONED ORDER IN ACCORDANCE WITH LAW, WITHIN A TIME FRAME FIXED BY THIS HON'BLE COURT 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 MR. JUSTICE S SUNIL DUTT YADAV

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NC: 2026:KHC:2215 WP No. 609 of 2026

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HC-KAR

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ORAL ORDER

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Learned Additional Government Advocate accepts notice for respondent No.1. Learned counsel

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Sri. Shivaprasad Shanthan Gowdar undertakes to file vakalath for respondents No.2 and 3.

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The petitioners are the owners of sites situated

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at Vaderahalli Village, Yelahanka Hobli, Bengaluru. It is submitted that the sites are portion of property in Katha No.106 of Doddabettahalli Village Panchayath. It is submitted that by virtue of the preliminary notification dated 30.12.2008 issued by the respondent - Bengaluru Development Authority (BDA) for formation of Dr. Shivaram Karanth Layout, the properties were initially notified.

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It is further submitted that though the proceedings of acquisition has been upheld, however, during subsequent proceedings before the Apex Court, the BDA had produced certain maps before the Apex Court

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HC-KAR

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and the petitioners land have been shown as partially built up cluster. Accordingly, the petitioners have made up representations at Annexures-T to T14 and have sought for consideration of their request to drop their properties from the acquisition proceedings.

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The said representations are detailed and refer to the Panchayath katha having been obtained as well as refer to the observations of the Apex Court and the properties of the petitioners having been shown as built up clusters outside the acquisition process.

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It is further submitted in the representations that the properties are provided with various amenities of water, street light, drainage, roads, etc., and accordingly, sought for relief of excluding their properties from the acquisition proceedings.

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Learned counsel for the respondent - BDA submits that representations could be taken note of and examined as per law.

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NC: 2026:KHC:2215 WP No. 609 of 2026

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HC-KAR

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In light of the same, petition is disposed of, directing the respondent - BDA to consider the

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representations of the petitioners at Annexures-T to T14 and pass a reasoned order within a reasonable time which could be stipulated within eight weeks.

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In light of the same, petition is disposed of .

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Needless to state, till such decision is taken by the respondent, the respondent not to take any precipitative steps.

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Sd/(S SUNIL DUTT YADAV) JUDGE

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MCR

Mr v. Varghese v State of Karnataka

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Mr v. Varghese v State of Karnataka

Case brief

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