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Sri Vasanth Kumar v. The State of Karnataka

DISPOSED
Court
High Court of Karnataka
Decided
28 April 2026
Bench
S Sunil Dutt Yadavauthor
Case no.
WP 11381/2026

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Judgment

ORDER

(i) Petitioner to vacate and hand over vacant possession of the structure constituted in Sy. No. 135 of Kodigehalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk, which is in possession of the petitioner within a period of 2 months from today. Necessary affidavit to be filed within 2 days.

(ii) Petitioner not to pursue any other proceedings against the respondent - BDA insofar as the notified area is concerned. Petitioner has already stated that he has not challenged the notification.

(iii) Necessary report to be filed before the Registry once possession is handed over.

(iv) It is necessary to note that the extent of property acquired is 3 acres 26 guntas out of total extent of 4 acres. Respondent - BDA to take note of the acquired extent as 3 acres 36 guntas in light of the assertion of the petitioner that he has an extent of 4 guntas outside the acquired land. In light of the above, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VP

Case details

Parties and counsel

e -e1e-eeeee e e NC:(2026:KHC:23691 WP(No.(11381(of(2026 IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(28 (DAY(OF(APRIL,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(S(SUNIL(DUTT(YADAV( WRIT(PETITION(NO.(11381(OF(2026((LA-BDA) BETWEEN:( 1., SRI,VASANTH,KUMAR, S/O,SRI,KRISHNAPPA, AGED,ABOUT,55,YEARS,, R/AT,GONGADIPURA,VILLAGE, KODIGEHALLI,POST, YESHWANTHAPURA,HOBLI,, BENGALURU,NORTH,TALUK-560,091, …,PETITIONER, (BY,SRI.,VASANTH,KUMAR,H.T.,,ADVOCATE), AND: Digitally signedtiby 1., THE,STATE,OF,KARNATAKA, VIJAYA0P REPRESENTED,BY,ITS,,Location: HIGH PRINCIPAL,SECRETARY,, COURT0OF KARNATAKA DEPARTMENT,OF,URBAN,DEVELOPMENT,, VIDHANA,SOUDHA, BENGALURU-560,001, 2., THE,COMMISSIONER,, THE,BANGALORE,DEVELOPMENT,AUTHORITY, T,CHOWDAIAH,ROAD,, KUMARA,PARK,WEST, BENGALURU-560,020, e -e2e-eeeee e e NC:(2026:KHC:23691 WP(No.(11381(of(2026 3., THE,LAND,ACQUISITION,OFFICER, THE,BANGALORE,DEVELOPMENT,AUTHORITY, T,CHOWDAIAH,ROAD,, KUMARA,PARK,WEST, BENGALURU-560,020, 4., THE,EXECUTIVE,ENGINEER, THE,BANGALORE,DEVELOPMENT,AUTHORITY, BENGALURU,NORTH, BENGALURU-560,020, …,RESPONDENTS, (BY,SMT.,K.P.,YASHODHA,,AGA,FOR,R1;, ,,,,,,SRI,K.,KRISHNA,,ADVOCATE,FOR,R2,TO,R4), , THIS,W.P.,IS,FILED,UNDER,ARTICLES,226,AND,227,OF, THE,CONSTITUTION,OF,INDIA,,PRAYING,TO,A),ISSUE,A,WRIT, IN, THE, NATURE, OF, CERTIORARI, QUASHING, THE, IMPUGNED, ENDORSEMENT, DATED, 01.04.2026, ISSUED, BY, THE, RESPONDENT, NO.3, VIDE, NO.¨É.C.¥Áæ./C.¨sÀÆ.¸Áé.C/LAC/2025-26, VIDE,ANNEXURE,-,N,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 Petitioner, has, sought, for, issuance, of, writ, in, the, nature, of, certiorari, to, set, aside, the, impugned, endorsement,at,Annexure-N.,, 2. In terms of the endorsement at Annexure-N, petitioner was called upon to furnish necessary documents in order to collect the award amount. 3. Learned counsel for the petitioner submits that petitioner would give up rights insofar as the acquired land and hand over vacant possession if reasonable time is granted. It is further submitted that if reasonable time is granted and Court passes an order, petitioner would voluntarily hand over possession as on the date stipulated. 4. Learned counsel for the respondent - BDA upon instructions submits that there is dire urgency in recovery of vacant possession as financial prejudice would be caused as tenders have already been floated for development of the land. It is further submitted that the land that is acquired is required to be developed at the earliest as it constitutes access and is also part of land whereby amenities would be provided to the site holders of the layout. 5. Various contentions have been raised by both sides. The dispute itself could be resolved in light of submission of both sides. 6. After hearing the matter for sometime, upon suggestion of the Court, both sides request the Court to pass appropriate orders and the same would be adhered to. 7. In light of the request of the petitioner for reasonable time as also the request of the learned counsel for BDA for recovery of vacant possession at the earliest, the following order is passed:

Source: High Court of Karnataka, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.