Sri Kishore R v. Bangalore Development Authority

e -e1e-eeeee e e NC:(2026:KHC:11889 WP(No.(6495(of(2026 IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(25 (DAY(OF(FEBRUARY,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(S(SUNIL(DUTT(YADAV( WRIT(PETITION(NO.(6495(OF(2026((BDA) BETWEEN:(

1., SRI,KISHORE,R, S/O,RAJESH,K,, AGED,ABOUT,29,YEARS,, THRESIDING,AT,NO.450,,36 ,MAIN,, TH17 ,CROSS,,J,P,NAGAR,, TH6 ,PHASE,,BENGALURU-560,078, …,PETITIONER, (BY,SRI.,MANMOHAN,P.N.,,ADVOCATE,FOR, ,,,,,,SRI.,VIVEKANANDA,N.,,ADVOCATE), AND:

1., BANGALORE,DEVELOPMENT,AUTHORITY, Digitally signedtiby HAVING,OFFICE,AT,KUMARA,PARK,WEST,, VIDYA0G0R T.CHOWDAIAH,ROAD,,,Location: HIGH0COURT BANGALORE-560,020, OF KARNATAKA REPRESENTED,BY,ITS,COMMISSIONER,,

2., OFFICE,OF,THE,ASSISTANT,EXECUTIVE,ENGINEER, HAVING,OFFICE,AT,NO.2,,, SOUTH,SUB-DIVISION,,, BDA,COMMERCIAL,COMPLEX,, NDBANASHANKARI,2 ,STAGE,, BENGALURU-560,070., …,RESPONDENTS, (BY,SRI,K.,KRISHNA,,ADVOCATE),

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE FINAL NOTICE DATED 23.02.2026 BEARING NO. BMAPRA/SAKAAHA-2(DA)/529/2025-26 ISSUED BY THE R2 (PRODUCED AS ANNEXURE-A) 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 sought for setting aside of the Final Notice at Annexure-'A' dated 23.02.2026 issued by respondent No.2 - Assistant Executive Engineer, Bangalore Development Authority [BDA]. The Final Notice at Annexure-'A' is to the effect that a complaint was received regarding encroachment of a site and upon examination, the respondent Authority has issued a notice calling upon the petitioner to make out a reply, and in the absence of any reply to the said notice, the respondent Authority had intended to take action to evict the petitioner.

¶2The petitioner would point out that the Sale Deed was executed on 12.10.2007 by the respondent BDA

in favour of Smt. Saraswathi, who is stated to be the grandmother of the petitioner. It is submitted that the description of property in the Schedule to the Sale Deed is identical to the description of property in the Final Notice at Annexure-'A' dated 23.02.2026. Accordingly, it is submitted that the notice has no legs to stand.

¶3Learned counsel appearing for the respondent-BDA upon advance notice, submits that the Final Notice at Annexure-'A' dated

23.02.2026 must be read in conjunction with the notice at Annexure-'M' dated

29.11.2025 and that the proceedings regarding the alleged encroachment are with respect to the land apart from the extent of land that was sold to the grandmother of the petitioner in terms of the Sale Deed at Annexure-'F'.

¶4It is further submitted that the Final Notice at Annexure-'A' dated 23.02.2026 is to be construed to be in furtherance of notice at Annexure-'M' dated 29.11.2025 and is to be treated as Show Cause Notice and would be

limited to the alleged encroachment beyond the limits of the property bearing Site No.450, situated at Sarakki 6th Phase (J.P.Nagar), Bengaluru with respect to which Sale Deed has been conveyed to the petitioner's grandmother.

¶5It is however noticed that the Final Notice at Annexure-'A' is vague and bereft of specific details and accordingly. In light of the stand of learned counsel appearing for the respondent BDA that the intention is to elicit reply of the petitioner in terms of Annexure-'M', it would be appropriate to set aside the Final Notice at Annexure-'A' dated 23.02.2026, while observing that the respondent-BDA is at liberty to proceed further pursuant to Annexure-'M' dated 29.11.2025. The identity of the property not being in dispute insofar as the property with respect to which the Sale Deed at Annexure-'F' has been executed, it is needless to state that the proceedings for alleged encroachment as noticed at Annexure-'M' would be only with respect to the extent of property beyond the extent as conveyed to the petitioner's grandmother

through the Sale Deed at Exhibit-'F'. The respondent-BDA while proceeding further with Annexure-'M' is to afford an opportunity of hearing to the petitioner and follow the procedure as per the applicable Rules.

¶6The petitioner to make out his objections to Annexure-'M' within a period of two weeks from the date of receipt of certified copy of the order. All contentions are kept open. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR