Karnataka High Court
WP/15145/2025 of SHRI KARIYAPPA Vs STATE OF KARNATAKA on 14 July 2026
NC: 2026:KHC:35612-DB WP No. 15145 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 15145 OF 2025 (GM-RES) BETWEEN: 1. SHRI KARIYAPPA S/O VENKATAPPA,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO. 15145 OF 2025 (GM-RES)
BETWEEN:
1.
SHRI KARIYAPPA
S/O VENKATAPPA,
AGED ABOUT 73 YEARS,
R/A NO 438, 6TH MAIN ROAD,
2ND BLOCK, KALYAN NAGAR,
BENGALURU-560043.
REP BY HIS GPA HOLDER-
SHRI. V. MUNIYAPPA,
S/O VENKATAPPA,
AGED ABOUT 65 YEARS,
R/A NO 438, 6TH MAIN ROAD,
2ND BLOCK, KALYAN NAGAR,
BENGALURU-560043.
…PETITIONER
(BY SRI. V B SHIVAKUMAR., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560001.
REP BY ITS SECRETARY.
2.
BENGALURU DEVELOPMENT AUTHORITY,
KUMARA PARK WEST EXTENSION,
BENGALURU-560020.
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
REP BY ITS COMMISSIONER.
3.
THE LAND ACQUISITION OFFICER,
BENGALURU DEVELOPMENT AUTHORITY,
KUMARA PARK WEST EXTENSION,
BENGALURU- 560020.
4.
JUSTICE K.N. KESHAVANARAYANA COMMITTEE,
(CONSTITUTED BY THE HON'BLE HIGH COURT OF
KARNATAKA IN W.P. NO.51929/2014)
KRISHI BHAVAN, 4TH FLOOR, HUDSON CIRCLE, BENGALURU-560002.
REP. BY ITS CHAIRMAN.
DELETED VIDE COURT ORDER
DATED: 14.07.2026
…RESPONDENTS
(BY SRI. S.H.RAGHAVENDRA, AGA FOR R1;
SRI. VACHAN.B., ADVOCATE FOR R2 & R3;
VIDE ORDER DATED:10.06.2025, NOTICE TO R4 IS
DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT
OR
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ORDER
OR
DIRECTION
QUASHING THE REPORT/ORDER DATED 24.04.2025 IN KNKC No. 210/2022 (CHALLAKERE) PASSED BY THE HON'BLE FOURTH RESPONDENT COMMITTEE JUSTICE K. N. KESHAVANARAYANA COMMITTEE, PRODUCED AT ANNEXURE-Z8, ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF
HC-KAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ petition has been filed impugning the recommendation of Justice K. N. Keshavanarayan Committee, constituted vide judgment dated 27.09.2021 passed in W.P.Nos.51929/2014 and connected petitions, in KNKC No.210/2022 in respect of Challakere Village.
2. The petitioner had purchased the site measuring of 2,558.5 Sq.Feet situated at Babusa Palya, Challakere Village, Horamavu Grama Panchayat, K.R. Puram Hobli, Bengaluru East Taluk, carved out of the land bearing Sy.No.82/8 under the registered sale deed, even prior to the date of preliminary notification dated 03.02.2003 issued by the State Government for acquisition of large parcel of land consisting of several villages for formation of Arkavathi Layout. Petitioner's challenge to the land acquisition of his site has not been successful. However, a direction was given vide order dated 27.09.2021 in W.P.No.51929/2014 directing the Bangalore Development Authority (for short 'the BDA') to consider the
HC-KAR
representation of the petitioner dated 14.09.2011 for allotment of an alternate site in accordance with the law.
3. It is not in dispute but for the fact that the petitioner did not register himself as applicant for allotment of an alternate site under the Bangalore Development Authority (Allotment of Sites) Rules, 1984, his case is covered by the decision of the Division Bench dated 25.11.2005 in W.A.No.2625/2005 and connected matters as well as the judgment of the Supreme Court in BONDU RAMASWAMY Vs. BANGALORE DEVELOPMENT AUTHORITY AND ORS., [(2010) 7 SCC
4. The right of the petitioner for allotment of an alternate site is sought to be defeated only on technical ground and not on substantial issue. It is also not in dispute that the BDA has vacant sites in its possession in the Arkavathi layout.
5. We therefore, despite the Committee's recommendation against the petitioner, direct the BDA to allot an alternate site to the petitioner as provided under the relevant rules. The decision of the BDA should be conveyed to the petitioner within period of 2 months. We make it clear that we have passed this
HC-KAR
order in the peculiar facts and circumstances of the case and shall not be treated as a precedent.
6. With the above observation, the writ petition stands disposed of.
7. Pending interlocutory applications, if any stand disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
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