M/S Medicoshelp v. Bangalore Development Authority

e -e1e-eeeee e e NC:(2026:KHC:22787 WP(No.(13091(of(2026 IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(24 (DAY(OF(APRIL,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(S(SUNIL(DUTT(YADAV( WRIT(PETITION(NO.(13091(OF(2026((BDA) BETWEEN:( M/S.,MEDICOSHELP,, A,REGISTERED,PARTNERSHIP,FIRM,,,, HAVING,ITS,OFFICE,AT,, SY,NO.67,,ST.THOMAS,NAGAR,,, CHALLAGHATTA,,KUMBALGODU,POST,,, BENGALURU,-,560,074., REPRESENTED,BY,ONE,OF,THE,, PARTNERS,MR.,JOJI,GEORGE,,, AGED,ABOUT,50,YEARS,OLD,, S/O,MR.,G.O.GEORGE,, RESIDING,AT,PLOT,NO.4,,, ROLLING,WHITES,PHASE,1,,, SOPPAHALLI,,SIDIHOSKOTE,,, Digitally signedtiby BENGALURU,-,562,106., PRAKASH0N Location: …PETITIONER, HIGH0COURT OF (BY,SRI.,SAMEER,SHARMA.,,ADVOCATE), KARNATAKA AND:

1., BANGALORE,DEVELOPMENT,AUTHORITY,, HAVING,OFFFICE,AT,, TH5 ,MAIN,ROAD,,KUMARAPARK,WEST,,, KUMARA,PARK,WEST,,GUTTAHALLI,,, BENGALURU,,, KARNARTAKA,-,560,020., REPRESENTED,BY,, e -e2e-eeeee e e NC:(2026:KHC:22787 WP(No.(13091(of(2026 ASST.,EXECUTIVE,ENGINEER,,, ND2 ,SUB,DIVISION,,, NADAPRABHU,KEMPEGOWDA,LAYOUT,BDA,, BANGALORE,-,20., SRI.,O.,M.,VARGHESE,, SINCE,DEAD,,THROUGH,HIS,LR, SRI.,DENNY,VARGHESE,,2., S/O,LATE,O.M.VARGHESE,, AGE,MAJOR,, R/A,NO.68,,BURLINGTON,LAYOUT,,, HENNUR,MAIN,ROAD,,, KANNUR,POST,,, BENGALURU,-,562,149., …RESPONDENTS, (BY,SMT.POONAM,PATIL,,ADVOCATE,FOR,R1;, ,,,,,,SRI.I.S.DEVAIAH,,ADVOCATE,FOR,R2), , THIS, WP, IS, FILED, UNDER, ARTICLE, 226, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, QUASHING, THE, INTIMATION, LETTER, BEARING, NO.NPKL/2/25-26, DATED,

17.04.2026, VIDE, ANNEXURE, -, A, ISSUED, BY, THE, R-1, IN, RESPECT, OF, THE, PROPERTY, BEARING, SY, NO., 104, BHEEMANKUPPE,VILLAGE,BENGALURU,KARNATAKA,AND,ETC.,, , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, CORAM:, HON'BLE(MR.(JUSTICE(S(SUNIL(DUTT(YADAV

ORAL ORDER The petitioner has filed the present petition seeking for setting aside of the Intimation Letter dated 17.04.2026 issued by the respondent-BDA at Annexure-A, whereby, the respondent-BDA has called upon the petitioner to vacate and handover the vacant possession within seven days, as regards property in Sy.No.104, situated at Bheemankuppe Village, Bengaluru, Karnataka, as the said land is required for the purpose of formation of the Access road.

¶2The case of the respondent-Bangalore Development Authority (BDA) is that they require the vacant possession in order to take steps for development of the road forthwith.

¶3The learned counsel for the petitioner submits that they do not propose to stay on the property indefinitely and are willing to vacate and handover possession within a reasonable time. It is further submitted that, the petitioner is a tenant and taking note of the nature of activities of the petitioner entity i.e., to provide Elder Health Care Services, reasonable time may be granted.

¶4Upon suggestion of the Court in W.P.No.9105/2026, the tenant similarly placed as the petitioner herein was granted time to vacate.

¶5The petitioner has filed an affidavit. The relevant paragraph of an affidavit at para No.9 is extracted below: "9. However, notwithstanding the above, the Petitioner undertakes by virtue of the present Affidavit to duly vacate and hand over peaceful possession of the property which it is occupying, l.e. property bearing No. 7, Sy. No. 67, St. Thomas Nagar, Bheemanakuppe Cross, Chellaghatta Road, Kumbalagodu Post, Kengeri Hobli, Bangalore-560074, in favour of the Respondent No. 1, within a period of 2 months from April 17, 2026 i.e., the date of issuance of the Impugned Intimation. I state that the said requirement of time to duly vacate and hand over peaceful possession of the property is necessary so as to enable the Petitioner to not just move its operations, as delineated above, but also more importantly ensure effective, compassionate and safe relocation of various patients, inmates and the staff, personnel and allied individuals in relation to the Petitioner to a place which is suitable and conducive for the Petitioner to continue with the nature of activities that it is involved in. I further state, in fact, that immediately upon the filing of the present petition, relevant office bearers and personnel of the Petitioner have been taking appropriate steps in order to ensure due, effective and

swift relocation to another property/premises, so that peaceful possession of the property is handed over in favour of the Respondent No. 1. I state that towards this end, the Petitioner's relevant personnel have been in discussions with the officials of the Respondent No. 1 in order to facilitate such relocation within a reasonable amount of time." In terms of the said undertaking, the petitioner has undertaken to vacate and handover possession within a period of two months from 17.04.2026 i.e., the date of the impugned intimation.

¶6The learned counsel for the petitioner submits in order to demonstrate their bonafide, till the date of vacation, they undertake to remit payments/premiums that otherwise would be made by the petitioner to respondent No.2.

¶7Smt. Poonam Patil, learned counsel appearing for respondent No.1 submits that tender has been floated for development of the property which belongs to the respondent-BDA, in which the petitioner is in occupation and any delay would result in financial liability on the respondent-BDA and submits that time may be granted till 25.05.2026, as in case of

the adjoining property in W.P.No.9105/2026, time was granted for vacating and handing over possession till 25.05.2026.

¶8After hearing both sides and taking note of the affidavit filed dated 24.04.2026, time is granted to the petitioner till 29.05.2026 to vacate and handover possession of the property to the respondent-BDA. Such order is passed taking note of the urgency as pleaded by the respondent-BDA. Both parties agree to such arrangement.

¶9Accordingly, insofar as lis between the petitioner and respondent -BDA, in light of the affidavit filed and observations made, same is resolved.

¶10Accordingly, petitioner is granted time till

29.05.2026 to vacate and handover possession. The said order is passed taking note of the stand of both side as well as undertaking made by the petitioner.

¶11It is needless to state, in the event of any breach of undertaking as made in the affidavit to vacate and handover possession to the respondent-BDA, the petitioner would be exposing himself to contempt of Court proceedings.

¶12The petitioner to file an affidavit by 28.04.2026, undertaking to adhere to the time granted by this Court to vacate.

Accordingly, in terms of the above, the petition is dispose of.

Learned counsel for the respondent-BDA is permitted to file vakalat. Sd/- (S SUNIL DUTT YADAV) JUDGE HR List No.: 1 Sl No.: 16