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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.4729 OF 2020 (LB-RES)

BETWEEN:

KARNATAKA RAJYA MANDAVYA GRUHA

NRIMANA SAHAKARA SANGHA

SRI VIJAYALAKSHMI BUILDING

1^ST FLOOR, 100FT. ROAD,

HOSAHALLI CIRCLE,

MANDYA 571401

REPRESENTED BY ITS

DIRECTOR AND AUTHORISED SIGNATORY

SHRI B. SIDDARAJU

SON OF SHRI BASAVAIAH

... PETITIONER

(BY SRI B.M.ARUN, ADVOCATE (PHYSICAL HEARING))

AND:

1.

STATE OF KARNATAKA

REPRESENTED BY ITS

PRINCIPAL SECRETARY

DEPARTMENT OF REVENUE

MULTISTORIED BUILDING

BENGALURU 560 001.

2.

MANDYA URBAN DEVELOPMENT AUTHORITY

BANNUR ROAD,

NEXT TO PUMP HOUSE

MANDYA 571401

RERPESENTED BY

ITS COMMISSIONER.

R

2

3.

STATE OF KARNATAKA

REPRESENTED BY

PRINCIPAL SECRETARY

DEPARTMENT OF URBAN DEVELOPMENT

BENGALURU - 560 001.

... RESPONDENTS

(BY SRI NITHYANANDDA K.R., AGA FOR R1 AND R3 (PHYSICAL

HEARING);

SRI T.P.VIVEKANANDA, ADVOCATE FOR R2 (PHYSICAL

HEARING))

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE

COMMUNICATION DATED 13.9.2019 ISSUED BY THE R-2 MUDA

VIDE ANNEXURE-A AND CONSEQUENTLY AND ETC.,

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED

FOR ORDERS ON 19.11.2021, COMING ON FOR PRONOUNCEMENT

THIS DAY, THE COURT MADE THE FOLLOWING :-

ORDER

The petitioner/Karnataka Rajya Mandavya Gruha Nirmana

Sahakara Sangha calls in question a communication dated

13.09.2019 issued by the Mandya Urban Development Authority

(8MUDA9 for short) turning down the application of the petitioner

for approval of the layout plan on the score that the lands where

the layout is sought to be formed will have to undergo a change

of land use in terms of Section 14 of the Karnataka Town and

Country Planning Act, 1961 (8the KTCP Act9 for short) and

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proceedings in terms of Section 14A of the KTCP Act will have to

be initiated by the petitioner.

2. Brief facts leading to the filing of the present petition, as

borne out from the pleadings, are as follows:

The petitioner is a House Building Co-operative Society

registered under the provisions of the Karnataka Co-operative

Societies Act, 1959. The petitioner seeking to form a layout in

several survey numbers of Kyathangere village, Kothathi Hobli,

Mandya Taluk and District applied for permission to purchase

agricultural lands under Section 109 of the Karnataka Land

Reforms Act, 1961 (8the Land Reforms Act9 for short). Pursuant

to

the

application

submitted

by

the

petitioner

to

the

Government, MUDA issued an endorsement granting approval

for purchase of lands in the said survey numbers. After the

aforesaid procedure, the 1^st respondent issued a Notification on

27-04-2012 granting approval for purchase of said lands.

3. In furtherance of the approval and permission granted

by the State, the petitioner purchased lands in several survey

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numbers in the aforesaid village on 14-05-2012 from the

respective land owners. The survey numbers are described in the

petition and would be hereinafter referred to as the 'subject

lands'. Pursuant to the said purchase of the subject lands, the

petitioner made a representation to the Deputy Commissioner,

Mandya seeking conversion of lands from agriculture to non-

agricultural purposes. The said representation of the petitioner

for such conversion was forwarded by the Deputy Commissioner

to the 2^nd respondent/MUDA by his letter dated 20-02-2013

seeking no objection from the hands of MUDA. MUDA in reply

to the said communication informs the Deputy Commissioner,

Mandya District that the lands are coming under the proposed

Development of formation of a housing layout and, therefore,

permission

cannot

be

granted.

Pursuant

to

the

said

communication of MUDA, an endorsement is issued by the

Deputy Commissioner keeping the application of the petitioner

for conversion pe