Karnataka High Court
WA/834/2018 of THE BENGALURU DEVELOPMENT AUTHORITY Vs MR NANJUNDAPPA on 22 September 2026
CNR: KAHC010247512018 NC: 2026:KHC:53286-DB WA No. 834 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 834 OF 2018 (LA-BDA) BETWEEN: 1. THE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
WRIT APPEAL NO. 834 OF 2018 (LA-BDA)
BETWEEN:
1.
THE BENGALURU DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER,
KUMARA PARK WEST, T.CHOUDAIAH ROAD,
KUMARA PARK WEST
BENGALURU - 560 020.
2.
THE SPECIAL ADDITIONAL LAND
ACQUISITION OFFICER
THE BENGALURU DEVELOPMENT AUTHORITY
T.CHOUDAIAH ROAD, KUMARA PARK WEST
BENGALURU - 560 020.
…APPELLANTS
(BY SRI. G.V.CHANDRASHEKAR, SENIOR COUNSEL FOR
SRI. G. LAKSHMEESH RAO, ADVOCATE (NOC))
AND:
1.
MR NANJUNDAPPA
S/O LATE MUNISHAMAPPA
R/AT NO.KOTHANUR VILLAGE,
UTTARAHALLI VILLAGE, MSJ COLLEGE POST
J.P.NAGAR 8TH PHASE,
BENGALURU - 560 078.
SINCE DEAD, REP BY HIS LRS
1A.
SMT. SARASWATHAMMA
W/O LATE M.NANJUDAPPA
AGED ABOUT KNOWN
Digitally
signed by
MALA K N
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
1B.
SMT. ANJALAMMA
D/O LATE M.NANJUDAPPA
AGED NOT KNOWN
1C.
SMT. KAMAKSHI.D
D/O LATE M.NANJUDAPPA
AGED NOT KNOWN
1D.
SRI. VENKATESH.N
S/O LATE M.NANJUDAPPA
AGED NOT KNOWN
1E.
SMT. LALITHAMMA
W/O LATE M.NANJUDAPPA
AGED NOT KNOWN
ALL ARE R/O KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU SOUTH TALUK, BENGALURU
AMENDED V.C.O DATED 25.06.2019.
2.
THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HOUSING &
URBAN DEVELOPMENT, VIKASA SOUDHA,
BENGALURU - 560 001.
…RESPONDENTS
(BY SRI.B. RAVINDRANATH, AGA FOR R2;
C.O RAVICHANDRA, ADVOCATE FOR R1(C);
V.C.O DATED 28/9/22,
SERVICE OF NOTICE TO R1(B & D) ARE H/S;
R1(A & E) ARE EXPIRED)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER DATED
07/10/2017 PASSED BY LEARNED SINGLE JUDGE IN WP
NOS.38211-212/2017 [LA-BDA] AND TO PASS ANY OTHER
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ORDER.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal has been filed impugning the order dated 07.10.2017 passed by the Writ Court in W.P.No.38211-212/2017.
2. Learned counsel for the appellants submits that the order passed in W.P.No.38211-212/2017 has been complied with and BDA has filed a suit for recovery of the extra land given to the respondents.
3. As the order of the learned single Judge stands complied by BDA nothing survives in this appeal. However, insofar as the suit filed by the BDA to recover the extra land given to the respondents is concerned, the suit shall be examined independently on its own merits without being influenced by the observation made by the learned single Judge or compliance made by the BDA.
HC-KAR
The Writ Appeal is disposed of.
Pending applications, if any, stand disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (H.SHANTHI BHUSHAN) JUDGE
BVK List No.: 1 Sl No.: 14