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NC: 2025:KHC:54599

WP No. 33004 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO. 33004 OF 2025 (BDA)

BETWEEN:

1. BANGALORE INSTITUTE FOR HIGHER EDUCATION

AND RESEARCH

REGISTERED UNDER INIDIAN TRUST ACT 1882

REP. BY ITS MANAGING TRUSTEES

SRI. NAVEEN REDDY. G

S/O. GOPAL REDDY,

AGED ABOUT 35 YEARS,

RESIDING AT P-1, GCK APARTMENT,

SERENITY LAYOUT, KAIKONDRAHALLI,

SARJAPURA ROAD, BELLANDUR,

BANGALORE - 560 103.

SRI. SATHSH ESHWAR

S/O U.S. ESWAR

AGED ABOUT 49 YEARS

Digitally signed by

MAHALAKSHMI B M RESIDING AT NO.150,

Location: HIGH

COURT OF OLD MADRAS ROAD, ULSOOR,

KARNATAKA

BANGALORE - 560 008.

…PETITIONER

(BY SRI. ZULFIKIR KUMAR SHAFI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

URBAN DEVELOPMENT DEPARTMENT

VIDHANA SOUDHA,

BENGALURU - 560 001.

REPRESENTED BY ITS SECRETARY

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WP No. 33004 of 2025

HC-KAR

2. BENGALURU DEVELOPMENT AUTHORITY (BDA)

T.CHOWDAIAH ROAD,

KUMARA PARK EAST,

BENGALURU - 560 020.

REPRESENTED BY ITS COMMISSIONER

3. THE TOWN PLANNING MEMBER

BANGALORE DEVELOPMENT AUTHORITY

T.CHOWDAIAH ROAD,

BENGALURU - 560 020.

4. THE CHIEF COMMISSIONER

GREATER BENGALURU AUTHORITY (GBA)

(HUDSON CIRCLE)

BENGALRU - 560 002

KARNATAKA.

…RESPONDENTS

(BY SRI. RAJKUMAR M., AGA FOR R1

SRI. VASANTHA, ADVOCATE FOR R2 AND R3

SRI. A. SUBRAMANI, ADVOCATE FOR R4)

THIS WP IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING TO A) TO ISSUE A WRIT OF

MANDAMUS OR SUCH OTHER WRIT/S AGAINST THE

RESPONDENT DIRECTING THE RESPONDENT NO.2 TO

CONSIDER THE PETITIONERS REPRESENTATION VIDE

BEARING NO.REF/BIHER/2025-26/000145 DATED 02.05.2025

AT ANNEXURE -K AND ISSUE THE PRELIMINARY CERTIFICATE

CHANGE OF LAND USE FOR EDUCATIONAL PURPOSE IN

RESPECT OF LAND MEASURING 5024.29 SQUARE METERS IN

SY.NO. 148 OF KUDLU VILLAGE, SARJAPURA HOBLI, ANEKAL

TALUK, BENGALURU URBAN DISTRICT AND ETC.

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NC: 2025:KHC:54599

WP No. 33004 of 2025

HC-KAR

THIS PETITION, COMING ON FOR PRELIMINARY

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

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

ORAL ORDER

The petitioner is a registered Educational Trust and has

approached this Court seeking a writ of mandamus directing

respondent No. 2 to consider its representation seeking change

of land use for educational purpose in respect of the land

measuring 5024.29 square meters in Sy. No.148 of Kudlu

village, Sarjapura Hobli, Anekal Taluk, Bengaluru Urban

District, which has remained unconsidered.

2. The petitioner's trust was granted an extent of 2 acres

of land in Sy. No. 148 of Kudlu village on lease for 30 years by

the State Government in the year 2016 for the establishment of

Educational Institution. The land was thereafter converted for

educational purpose by the Deputy Commissioner on

03.03.2016, and Khata was issued in favour of the petitioner.

3. At the time when the petitioner sought for change of

the land use, a portion of the land was shown as reserved for

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WP No. 33004 of 2025

HC-KAR

formation of 60 metre wide road under the High-Tech City

Corridor project, pursuant to the preliminary notification issued

in the year 01.08.2003 and final notification dated 14.02.2005.

The said acquisition was however quashed in entirety by this

Court in WP No.10800/2005 dated 30.07.2008.

Notwithstanding the same, the Bangalore Development

Authority granted change of land use only in respect of

3029.36 square metres by preliminary certificate dated

29.11.2021, excluding the remaining extent of 5024.29 square

meters in Sy.No. 148. Owing to the urgency the petitioner

accepted the change of land use and established a school which

is functioning with the statutory recognition.

4. The petitioner being unable to utilise the remaining

extent has continued to pay the lease rent for the entire 2

acres. Seeking expansion of the institution, petitioner

submitted a representation dated 02.05.2025 requesting

change of land use for its remaining portion which has not yet

been considered till date.

5. Learned