Facts
The appellant claimed an extent of land in Survey No. 42, Sampigehalli Village, which he contended had not been acquired for the Arkavathi Layout.
Source reference: pp. 3–8He relied on the acquisition notifications, a registered partition deed, a conversion order, revenue records and a later release deed.
Source reference: pp. 3–8The BDA disputed his claim. In the underlying writ petition, the Single Judge had directed a joint survey; the resulting report indicated that the claimed land formed part of the acquired area.
Source reference: pp. 3–8The Single Judge disposed of the petition, leaving the appellant to pursue remedies before the competent forum because the dispute involved questions of fact. The appellant challenged that order in this appeal.
Source reference: pp. 3–8Issues
1. Whether the Single Judge erred in declining to determine in writ proceedings whether the appellant’s claimed land fell within the area acquired for the Arkavathi Layout.
Source reference: pp. 8–92. Whether the Single Judge’s order warranted interference in the intra-court appeal.
Source reference: p. 8Law Applied
The Court applied the principle that disputed questions of fact—particularly those requiring the identification, location and measurement of land and the assessment of competing documentary material—are not ordinarily appropriate for determination under Articles 226 and 227 of the Constitution.
Source reference: pp. 6–7, 9No statutory provision or judicial precedent was cited as the basis for this principle in the judgment.
Source reference: pp. 6–7, 9Reasoning
The dispute concerned whether the specific land claimed by the appellant lay inside or outside the acquired portion of Survey No. 42.
Source reference: pp. 9–10The Court noted that the court-directed survey report supported the respondents’ position, while the appellant disputed that report and relied on the acquisition notifications and other records.
Source reference: pp. 9–10Resolving the competing claims would require examining the documents and determining the land’s precise identity, extent and location.
Source reference: pp. 9–10The Single Judge had left those questions open for determination by the competent forum; the appellate Court found no error warranting interference.
Source reference: pp. 9–10Holding
The Court answered the appeal against the appellant, dismissed the writ appeal and confirmed the Single Judge’s order dated 15 December 2025.
The parties were left to pursue their respective rights and remedies in accordance with law before the competent forum.
Source reference: p. 10Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
KARNATAKA HIGH COURT ACT, 19611
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SRI.P.GOPALAPPA @ GOPALAIAHvsBANGALORE DEVELOPMENT AUTHORITY
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