IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ

WRIT PETITION NO. 18947 OF 2022 (LB-RES)

BETWEEN:

M.MAHESH SHENOY

AGED ABOUT 56 YEARS,

S/O. VINOD RAO,

R/AT.1143/A, CH1/A, GEETHA ROAD,

CHAMRAJPURAM, MYSORE-570005.

…PETITIONER

(BY SRI. MANMOHAN P.N., ADVOCATE)

AND:

1. STATE OF KARNATAKA

DEPARTMENT OF URBAN DEVELOPMENT,

M.S. BUILDING, BANGALORE-01

REPRESENTED BY SECRETARY

2. MYSORE URBAN DEVELOPMENT AUTHORITY,

JHANSI RANI LAXMI BAI ROAD,

CHAMARAJAPURAM, MYSORE-570 075

Digitally signed REPRESENTED BY ITS COMMISSIONER.

by

MARKONAHALLI …RESPONDENTS

RAMU PRIYA

Location: HIGH

COURT OF (BY SRI.H.K.KENCHEGOWDA, ADDITIONAL GOVERNMENT ADVOCATE

KARNATAKA

FOR RESPONDENT NO.1;

SRI. T.P.VIVEKANANDA, ADVOCATE FOR RESPONDENT NO.2)

THIS WP IS FILED UNDER ARTICLES OF 226 AND 227 OF THE

CONSTITUTION OF INDIA PRAYING TO QUASH THE RESOLUTION BEARING NO.262 PASSED BY THE 2^ND RESPONDENT (PRODUCED AS

ANNEXURE-G) AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has challenged a resolution passed by the respondent No.2 (Annexure – G). He has also sought for quashing the order bearing No.ªÉÄÊ£À¥Áæ:£ÀAiÉÆñÁ:CAwªÀÄC£ÀĪÉÆÃzÀ£É: 52:2021-22 dated 02.11.2021 issued by the respondent No.2 in so far as it relates to refusing to release site Nos.31 to 38 formed in the layout. He has sought for a writ in the nature of mandamus directing respondent No.2 to consider the application dated 21.01.2021 and consequently release site Nos.31 to 38 situated in survey No.104/2 of Hadajana Village, Varuna Hobli, Mysore Taluk, as per the provisional layout plan dated 15.02.2018. He has sought for a declaration that Note 2 of Regulation 8C of the Zoning of Land Use and Development of Control Regulations Master Plan II - 2031 Mysore Nanjangud Local Planning Area as Ultra vires Act and is unconstitutional and is null and void.

2. (i) It appears from the facts pleaded in the writ petition that the petitioner being the owner of land bearing No.104/2 measuring 03 acres situated at Hadajana Village, Varuna Hobli, Mysore Taluk, had filed an application seeking permission to form a layout. The respondent No.2 had passed a resolution dated 14.12.2016 permitting the petitioner to form sites. The petitioner was called upon to execute a relinquishment deed in respect of open spaces, roads and parks etc., which was accordingly done on 29.01.2018. The petitioner was called upon to pay certain charges towards approval of the layout, which was deposited.

(ii) In view of the above, permission was granted on

15.02.2018 under Section 17(2-A) of the Karnataka Town and Country Planning Act, 1961 (henceforth referred to as 'the Act, 1961') and under the Karnataka Urban Development Authority, 1987. A work order was issued by the respondent No.2 on 04.07.2018, permitting the petitioner to form the layout. The petitioner claims that he had formed 38 sites. After the completion of the lay out work, the petitioner sought for release of sites from the respondent No.2. The respondent No.2 passed a resolution stating that the petitioner had to relinquish 09 meters of service road in favour of the respondent No.2 free of cost. The petitioner contested this claim and contended that the demand was contrary to the resolution bearing No.262 passed by the respondent No.2 and called upon the respondent No.2 to relinquish the sites. Thereafter, the respondent No.2 held a meeting, whereat it resolved to widen the existing road to 45 meters and to provide a 09 meter service road. The said resolution was placed before the government for appropriate decision. The petitioner contends that the Zoning of Land Use and Development of Control Regulations, which is a part of Master Plan II - 2031 provides as follows:

"Any development permitted by Mysuru Urban Development Authority (MUDA) on either side of the ring road, peripheral road, arterial road (road width 45 meters or more) an