Sri Talapaneni Pratap v. The State of Karnataka

NC:(2025:KHC:17215-DB( WP(No.(12239(of(2025( ( ( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(25 (DAY(OF(APRIL,(2025(

PRESENT(

THE(HON'BLE(MR(JUSTICE(KRISHNA(S(DIXIT(

(AND((

(THE(HON'BLE(MR(JUSTICE(M.NAGAPRASANNA(

WRIT(PETITION(NO.(12239(OF(2025((LA-BDA)(

BETWEEN:(( (

1., SRI.,TALAPANENI,PRATAP,, S/O,TALAPANENI,SRINIVASULU,,,

AGED,ABOUT,41,, ,

2., SMT.,SWAPNA,M,, SRI.,TALAPANENI,PRATAP,,, AGED,ABOUT,31,YEARS,

, BOTH,ARE,R/O,H.NO.,100,,, KEMPE,GOWDA,ENCLAVE,,, SHYAMARAJAPURA,,YELAHANKA,,,

Digitally BENGALURU,-,560,009, signedtiby NAGAVENI …PETITIONERS, Location:0High Courttiof (BY,SMT.,K,SHOBHA,,ADVOCATE), Karnataka AND:( (

1., THE,STATE,OF,KARNATAKA, URBAN,LAND,DEVELOPMENT,DEPT,,, VIDHANA,SOUDHA,,BENGALURU,-,560,001,,, REP.,BY,ITS,UNDER,SECRETARY., ,

2., THE,BENGALURU,DEVELOPMENT,AUTHORITY,, SANKY,ROAD,,KUMARA,PARK,WEST,,, NC:(2025:KHC:17215-DB( WP(No.(12239(of(2025( ( ( ( ( BENGALURU,-,560,002,,, REPRESENTED,BY,ITS,COMMISSIONER., ,

3., THE,SPECIAL,LAND,ACQUISITION,OFFICER,, BENGALURU,DEVELOPMENT,AUTHORITY,,, SANKY,ROAD,,KUMARA,PARK,WEST,,, BENGALURU,-,560,002,,, REPRESENTED,BY,ITS,COMMISSIONER., …RESPONDENTS, (BY,SRI.,SHIVAPRASAD,SHANTANAGOUDAR,,ADVOCATE,FOR,, ,,,,,,R2,AND,R3;, ,,,,,,SRI.,M.,RAJAKUMAR,,AGA,FOR,R1), , , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND,227,OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO,WRIT, PETITION,IS,FILED,PRAYING,TO,1.,ISSUE,WRIT,IN,NATURE,OF, MANDAMUS, OR, ANY, OTHER, APPROPRIATE, WRIT,, ORDER, OR, DIRECTION, AND, THEREBY, DIRECT, THE, RESPONDENTS, TO, CONSIDER,THE,REPRESENTATION,MADE,BY,THE,PETITIONER, AS,PER,ANNEXURE-A,,B,,DATED,04.10.2023,AND,29.08.2024, FOR, REGULARIZATION, OF, H., No., 100, IN, KEMPEGOWDA, ENCLAVE,OF,Sy.,No.,14,AT,SHYAMARAJAPURA,AND,THEREBY, DIRECT, THE, BDA, TO, REGULARIZE, RESPECTIVE, HOUSE, BY, ISSUING,THE,CERTIFICATE,AND,ETC.,, , THIS, PETITION,, COMING, ON, FOR, ORDERS,, THIS, DAY,, ORDER,WAS,MADE,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR,JUSTICE,KRISHNA,S,DIXIT, ,and,, ,HON'BLE,MR,JUSTICE,M.NAGAPRASANNA, ,

ORAL ORDER (PER: HON'BLE MR JUSTICE M.NAGAPRASANNA)

¶1The petitioners are before this Court seeking the following prayer: "1. Issue writ in nature of Mandamus or any other appropriate writ, order or direction and thereby direct the Respondents to consider the representation made by the petitioner as per ANNEXURE-A,B, dated 4-10-2023 and 29-08-2024 for regularization of H.No.100 in "KEMPEGOWDA ENCLAVE" of Sy. No 14 at Shyamarajapura and thereby direct the BDA to regularize respective house by issuing the certificate.

¶2Further, direct the Respondent BDA to regularise the schedule property in favour of Petitioner on collecting the developmental charges.

¶3To grant such other and further relief so as to cost of the proceedings as this Hon'ble court deems fit in the circumstances of the case in the interest of justice and equity."

¶2Heard Smt. K. Shobha, learned counsel for petitioners, Sri M. Rajakumar, learned Additional Government Advocate for respondent No.1 and Sri Shivaprasad M. Shantanagoudar, learned standing counsel for respondent Nos.2 and 3.

¶3Smt. K. Shobha, learned counsel for the petitioners submits that the petitioners have submitted representations on

04.10.2023 and

29.08.2024, after the Committee had regularized or granted regularization of the property, in identical circumstances. Plethora of representations seeking regularization of the dwelling houses of the petitioner and the like, are neither accepted nor rejected by the BDA.

¶4Sri Shivaprasad Shantanagoudar, learned counsel for respondent Nos.2 and 3 – BDA submits that if reasonable time is granted, the representations of the petitioner would be considered and necessary orders would be passed in accordance with law.

¶5In the light of the aforesaid submission, we deem it appropriate to pass the following: ORDER a. The writ petition is allowed. b. The respondent Nos.2 and 3 – Bangalore Development Authority to consider the representations of the petitioners dated

04.10.2023 and 29.08.2024, forthwith. c. The respondents – Bangalore Development Authority shall also communicate the order that

would be passed on the representations, to the petitioners. d. Till the consideration of the representations of the petitioners happen, the parties are directed to maintain status quo, qua the property of the petitioners. Ordered accordingly.

Sd/- (KRISHNA S DIXIT) JUDGE

Sd/- (M.NAGAPRASANNA) JUDGE

GH List No.: 1 Sl No.: 16 CT: BHK