IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.25468 OF 2025 (BDA)

BETWEEN:

SRI L.M. VASUDEVA MURTHY S/O. MUNISHAMAIAH L.A.

AGED ABOUT 54 YEARS, R/O. LINGANAHALLI, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU-560 089.

…PETITIONER (BY SRI RAMESH K.R., ADVOCATE)

AND:

1. THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560 001.

Digitally signed by MAHALAKSHMI B M Location: HIGH 2. BANGALORE DEVELOPMENT AUTHORITY, COURT OF KUMARA PARK WEST, KARNATAKA T. CHOWDAIAH ROAD, BENGALURU-560 020 REPTD. BY ITS COMMISSIONER.

3. THE TOWN PLANNING MEMBER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU-560 020.

…RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1;

SRI C. VENKATESH, ADVOCATE FOR R-2 & R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS, IF NECESSARY; DIRECT THE RESPONDENT NOS.1 TO 3 TO PASS APPROPRIATE ORDERS, CONSIDERING THE APPLICATION GIVEN BY THE PETITIONER DATED 22.05.2025 AT ANNEXURE-D SEEKING CHANGE OF LAND USE OF HIS AGRICULTURAL LAND BEARING SY.NO.94/3 TO AN EXTENT OF 37.08 GUNTAS, OF MADAPPANAHALLI, HESARAGHATTA HOBLI, YELANHANKA TALUK, BENGALURU URBAN DISTRICT WITHIN A TIME FRAME.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’

GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

Heard learned counsel for the petitioner, learned AGA for respondent No.1 and learned counsel for respondent Nos.2 and 3.

2. The petitioner in this petition is seeking a writ of mandamus directing respondent Nos.1 to 3 to consider the application dated 22.05.2025 at Annexure-D submitted by the petitioner seeking change of land use of his agricultural land bearing Sy.No.94/3 to an extent of 37.08 guntas of Madappanahalli, Hesaraghatta Hobli, Yelahanka Taluk, Bengaluru Urban District, to residential purpose within a time frame.

5. Learned counsel for the petitioner submits that the petitioner is the absolute owner of the schedule property, having acquired the same under the registered partition deed dated 01.10.2022. It is submitted that despite having filed an application before respondent No.2 for change of land use, the said application has not been considered compelling the petitioner to approach this Court in this writ petition.

6. Per contra, learned counsel for respondent Nos.2 and 3 submits that the representation/application will be considered within a reasonable period and the procedure to be followed for change of land use is prescribed under Section 14A of the Karnataka Town and Country Planning Act, 1961 (‘Act’ for short). He further submits that the process generally requires six months for compliance with statutory formalities and therefore, a reasonable time be granted.

7. The submission is recorded.

8. In view of the above, the grievance of the petitioner would be sufficiently redressed if respondent Nos.2 and 3 are directed to consider the petitioner’s representation/application. Accordingly, this Court pass the following:

ORDER

i. The writ petition is allowed ii. Respondent Nos.2 and 3 are directed to consider the petitioner’s representation/ application at Annexure-D dated 22.05.2025, strictly in accordance with law and to take appropriate decision within an outer limit of three months from the date of receipt of a certified copy of this order.

Sd/-

____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 82