Karnataka High Court
Sri.M. Venkatashamaiah @ Venkatesh vs Bangalore Development Authority on 10 January, 2025
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2025:KHC:929
WP No. 8681 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 8681 OF 2024 (BDA)
BETWEEN:
SRI.M. VENKATASHAMAIAH @ VENKATESH
S/O LATE MUNINANJAPPA
AGED ABOUT 55 YEARS
R/AT DOOR NO 12/2
CHENNSANDRA VILLAGE
R R NAGAR POST
KENGERI UTTARAHALLI
MAIN ROAD, BENGALURU - 560 098.
...PETITIONER
(BY SRI. K S CHANDRAHASA., ADVOCATE)
AND:
1. BANGALORE DEVELOPMENT AUTHORITY
Digitally
signed by BY ITS COMMISSIONER
SUMA B N KUMARA PARK WEST
Location: High
Court of T CHOWDAIAH ROAD
Karnataka BENGALURU 560020
EMAIL :[email protected].
2. THE ASSISTANT DIRECTOR OF
LAND RECORDS
BANGALORE SOUTH
KANDHAYA BHAVAN
K G ROAD
BENGALURU - 560 001.
3. THE BEML EMPLOYEES
CO-OPERATIVE SOCIETY LIMITED
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WP No. 8681 of 2024
HAVING ITS OFFICE AT M/S BEML
LIMITED, BANGALORE COMPLEX
NEW THIPPASANDRA,
BY ITS SECRETARY
BANGALORE - 560 075.
REPRSENTED BY ITS PRESIDENT/
EXECUTIVE DIRECTOR/SECRETARY
PAN NO AAALTO689E.
4. SRI B GIRIRAJA
S/O SRI BASAPPA
AGED ABOUT 57 YEARS
R/AT C/O ANANTHA KUMAR
NO 35, 1ST MAIN, MAA NIVAS
RAMESH NAGAR, MARATHALLI POST
BANGALORE - 560 037
PAN AFUPG9776J.
5. SMT K POORNIMA
W/O LATE B N SRINIVASA MURTHY
AGED ABOUT 62 YEARS
R/AT NO 822 'A' BPCL
SAHAKARNAGAR
BANGALORE - 560 092
AADHAR NO 992207635913.
6. SMT DEEPTHI HARVE
D/O K POORNIMA
AGED ABOUT 36 YEARS
R/A C 24, GHARKUL SOCIETY
SIDDARTHNAGAR LANE
VAKOLA, SATACRUZ EAST
MUMBAI- 40055
AADHAAR 3794 1985 1368.
7. SMT RUPA ACHARYA
W/O SRI YOGISH ACHARYA
AGED ABOUT 53 YEARS
R/AT NO. 1215, "NANDANANDANA"
8TH CROSS, 2ND PHASE
VBH COMPLEX, GIRINGAR
BANGALORE - 560 085.
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WP No. 8681 of 2024
SMT LAKSHMI JAYANNA
W/O SRI JAYANNA K
SINCE DECEASED
REPRSENTED BY HER
HUSBAND AND DAUGHTERS
8. SRI JAYANNA K.,
S/O LATE SUBBAIAH
AGED ABOUT 72 YEARS
R/AT NO 5, SWYAMKRUSHI
11TH MAIN ROAD
PADMANABHANAGAR
BANGALORE - 560 070.
9. SMT ASHWINI
W/O SRI SAI VENKATESH
D/O SRI JAYANAN K
AGED ABOUT 43 YEARS
R/AT NO 2181, 17TH CROSS
SAMPIGE ROAD
MALELSHWARAM
BANGALORE - 560 003.
10. SMT ARCHANA
W/O SRI G L SUBBARAM
D/O SRI JAYANNA K
AGED ABOUT 45 YEARS
R/AT PLOT NO 4,
NEW SBH COLONY
NEAR NTPC GUEST HOUSE
MAREDPALLY, NERHUNAGAR
HYDERABAD - 560 026
TELANGANA.
11. SRI A SEBASTINE
S/O LATE ANTHONY DASS
AGED ABOUT 69 YEARS
R/AT 14/1, 1ST MAIN ROAD
SOWRIMANI NIVAS
RAMESHNAGAR
BANGALORE - 560 037
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WP No. 8681 of 2024
PAN NO ASBPS7562C.
12. SRI P N SRINIVAS
S/O NANJAIAH
AGED ABOUT 68 YEARS
R/AT NO 2593, 11TH MAIN ROAD
E BLOCK, 2ND STAGE
RAJAINAGAR, BANGALORE - 560 010.
13. SRI SATISH MARIYAPPA
S/O A N CHIKKAMARLYAPPA
AGED ABOUT 51 YEARS
R/AT NO 168, 5TH MAIN
5TH STAGE, IST PHASE
BEML LAYOUT
RAJARAJESHWARI NAGAR
BANGALORE - 560 098
PAN NO ABOPS99995H.
...RESPONDENTS
(BY SRI. B. VACHAN., ADVOCATE FOR R1
SRI. HANUMANTHARAYA LAGALI, AGA FOR R2;
SRI. KUSHAL GOWDA, ADVOCATE FOR
SRI. N. BYREGOWDA, ADVOCATE FOR R3, R5, R7, R9, R12
SERVED AND UNREPRESENTED;
SRI. BHARGAV G, ADVOCATE FOR R6 AND R13)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT
OF CERTIORARI TO MODIFY THE LAYOUT PLAN IN SO FAR AS
THE INVOLVEMENT OF THE LAND OF THE PETITIONER
BEARING KHANESHUMARI NO. 61 VIDE ANNX-PIP AND TO
HOLD THAT THE VARIOUS DEEDS UNDER ANNEXURE-V1 TO V9
-V1 TO V0 TRUE COPIES OF THE SALE DED DATED 28.11.2008,
15.12.2008, 8.04.2022, 8.0.2022, 14.09.2009, 21.09.2010,
4.05.2011, 3.09.2011, 12.04.2022 ARE NON EST IN THE EYE
OF LAW .
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
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WP No. 8681 of 2024
ORAL ORDER
The short grievance of the petitioner is that he is the owner of the land bearing Khaneshumari No.61 forming western portion of Sy.No.22, measuring East to West 22 yards and North to South 114 yards, totally measuring 2508 yards which is equivalent to 22572 sq.ft. as reflected in the report of the Taluka Surveyor dated 06.04.1961 produced at Annexure-A. That the said land was granted in favour of one Sri.Muninanjappa, the grandfather of the petitioner on 07.06.1979 and that revenue records are made in the name of the grandfather of the petitioner.
2. It is further case of the petitioner that respondent No.3-Society is forming a layout in the land adjacent to the land of the petitioner and in the process is claiming the eastern portion of the land belonging to the petitioner. Therefore, the petitioner had made a representation dated 30.06.2022 to the respondent No.2 as per Annexure-S seeking survey of the land belonging to the petitioner as well as the survey of the land belonging -6- NC: 2025:KHC:929 WP No. 8681 of 2024 to the respondent No.3- Society. That despite several rounds of follow-up, respondent No.2- authority has not taken any steps in causing survey done as sought for by the petitioner, constraining the petitioner to approach this Court.
3. Learned counsel for the petitioner submits that if a direction is issued to the respondent No.2 to conduct the survey and to furnish the report thereof, the purpose of filing the writ petition would be served.
4. In response, learned AGA submits given some time, survey as sought for, would be conducted and report of the survey would be furnished to the petitioner and the respondent No.3.
5. Submission is taken on record.
6. In that view of the matter, following;
ORDER (1) Petition is disposed of.
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NC: 2025:KHC:929 WP No. 8681 of 2024 (2) Respondent No.2 shall conduct the survey as requested by the petitioner in the presence of the petitioner and the representatives of respondent No.3-Society.
(3) Since the parties are represented by their respective counsel, petitioner and representative of respondent No.3 shall make themselves available at the spot on 01.02.2025 at 11.00 a.m. and shall not expect any further notice from the respondent No.2, shall extend all cooperation in conducting of survey. (4) Parties are at liberty to issue memo of instructions.
(5) The respondent No.2 shall furnish the report of the survey to both the parties within a period of one week thereafter.
(6) It is made clear no observation or opinion is expressed with respect to the merits or otherwise of the case.
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NC: 2025:KHC:929 WP No. 8681 of 2024 (7) It is further made clear that till the survey is conducted and report is furnished as directed hereinabove, the respondent No.3 shall maintain status quo with regard to the subject property. Cost of survey if any shall be borne equally by the petitioner and the respondent No.3-soiety.
SD/-
(M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 21