IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^th DAY OF NOVEMBER, 2021

BEFORE

THE HON9BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.25585 of 2019 (LB-RES)

BETWEEN

1.

SRI H T RAMESH

S/O SRI THIMMEGOWDA

AGED ABOUT 39 YEARS

RESIDING AT SHANTHINAGAR

BELURU-HALEBEEDU MAIN ROAD

BELUR TOWN-573 115

HASSAN DISTRICT

2.

SMT. B C MOHAN KUMARI

W/O LATE B C MANJEGOWDA

AGED ABOUT 59 YEARS

RESIDING AT KANAKADASA STREET

KOTE, BELUR TALUK-573 115

HEBBAL POST, HASSAN DISTRICT

3.

SRI DHARME GOWDA

S/O SRI SANNEGOWDA

AGED ABOUT 59 YEARS

RESIDING AT SHIVALADAHALLI VILLAGE

HEBBAL POST

HALEBEEDU HOBLI

BELUR TALUK-573 115

HASSAN DISTRICT

&PETITIONERS

(BY SRI N R NAIK., ADVOCATE, thro' VC)

AND

1.

THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY

2

URBAN & RURAL DEVELOPMENT DEPARTMENT

VIDHANA SOUDHA

BENGALURU-560 001

2.

THE DIRECTOR

URBAN RURAL PLANNING DEPARTMENT

BENGALURU-560 007

3.

THE MEMBER SECRETARY

BELURU-HALEBEEDU PLANNING AUTHORITY

NEAR TALUK OFFICE

CHIKKAMAGALUR ROAD, BELUR

HASSAN DISTRICT-577 201

4.

THE ASSISTANT COMMISSIONER

SAKALESHAPURA SUB-DIVISION

SAKALESHAPURA

HASSAN DISTRICT-573 201

5.

THE CHIEF EXECUTIVE OFFICER

MUNICIPALITY

BELUR, HASSAN DISTRICT-573201

&RESPONDENTS

(BY SMT. PRATHIMA HONNAPURA, AGA for

R.1, R.2 & R.4

SRI A RAVISHANKAR, ADVOCATE for R.3 & R.5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

READ WITH ARTICLE 14 OF THE CONSTITUTION OF INDIA PRAYING TO

DIRECT RESPONDENT NO.2 TO PASS APPROPRIATE ORDER ON THE

RECOMMENDATION MADE BY RESPONDENT NO.3 WHICH IS PRODUCED

AT ANNEXURE-D AND CLARIFY THE SAME; DIRECT RESPONDENT NOS.3

AND 5 TO APPROVE THE PLAN SUBMITTED BY THE FIRST PETITIONER IN

RESPECT OF SITE BEARING NO.22, FORMED IN SY.NO.66, KATHA

NO.5379/4219/B MEASURING INTO EXTENT 30X50 FEET OF BELUR

VILLAGE, BELUR TALUK, HASSAN DISTRICT VIDE ANNEXURE-G.

THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING

IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

3

ORDER

Petitioners, in this writ petition, seek for a direction by

issuance of a writ in the nature of mandamus directing the second

respondent to pass appropriate orders on the recommendation

made by the third respondent in respect of Site bearing No.22

formed in Survey No.66, measuring 30ft. x 50ft., at Belur Village,

Belur Taluk, Hassan District.

2.

Heard Sri N R Naik, learned counsel appearing for the

petitioners,

Smt.

Prathima

Honnapura,

learned

Additional

Government Advocate appearing for respondent Nos.1, 2 and 4 and

Sri A Ravishankar, learned counsel appearing for respondent No.3

and 5.

3.

Brief facts leading to the filing of the present petition as borne

out from the pleadings are as follows;

The second petitioner claims to be the owner of Site bearing

No.22 in Katha No.5379/4219/B, measuring 30ft. x 50ft. The

petitioner comes in possession of the said property pursuant to a

layout formed by the land owner, which was approved by the Belur-

Halebeedu Planning Authority. While the approval of the plan was

4

granted, a portion of the property was earmarked for the purpose

of civic amenity-park area. The park area comprised of three sites

i.e. Site Nos.21, 22 and 23. It transpires that, subsequently, the

park that was supposed to be in the area that was earmarked

earlier was shifted away and Site Nos.21 and 23 were granted

approval for constructions to be made. The petitioner also

submitted an application seeking approval of a plan for construction

in the property at Site No.22 which she owns on the ground that

Site Nos.21 and 23 were accorded approval by the Planning

Authority for such construction. The Assistant Commissioner,

Sakaleshpura Sub-Division, also recommended the case of the

petitioner noticing the fact that the park area which was in the

approved plan had been shifted elsewhere and there was no

impediment for grant of approval for construction to the petitioner.

This having not been considered