IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF NOVEMBER, 2025

BEFORE

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

WRIT PETITION NO.33685 OF 2025 (BDA)

BETWEEN:

SRI L.M. JAGADISH

S/O MUNISHAMAIAH L.A. AGED ABOUT 60 YEARS,

R/O LINGANAHALLI,

HESARAGHATTA HOBLI,

YELAHANKA TALUK,

BENGALURU-560089.

…PETITIONER

(BY SRI RAMESH K.R., ADVOCATE)

AND:

1. THE ADDITIONAL CHIEF SECRETARY,

DEPARTMENT OF URBAN DEVELOPMENT,

GOVERNMENT OF KARNATAKA,

VIKASA SOUDHA, Digitally signed by

MAHALAKSHMI B M BENGALURU-560001.

Location: HIGH

COURT OF 2. BANGALORE DEVELOPMENT AUTHORITY,

KARNATAKA

KUMARA PARK WEST, T. CHOWDAIAH ROAD,

BENGALURU-560020

REPTD. BY ITS COMMISSIONER.

3. THE TOWN PLANNING MEMBER,

BANGALORE DEVELOPMENT AUTHORITY,

T. CHOWDAIAH ROAD,

BENGALURU-560020.

…RESPONDENTS

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

SRI VASANTHA, 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; DIRECTION, DIRECTING THE RESPONDENTS NO.1 TO 3 TO PASS APPROPRIATE ORDERS, CONSIDERING THE APPLICATION GIVEN BY THE PETITIONER DATED 16.07.2025 AT ANNEXURE-D SEEKING CHANGE OF LAND USE OF THEIR AGRICULTURAL LAND BEARING SY.NO.21/2 TO AN EXTENT OF 26 GUNTAS OF LINGANAHALLI, HESARAGHATTA HOBLI, YELAHANKA TALUK, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU URBAN DISTRICT WITHIN A TIME FRAME.

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

Learned Additional Government Advocate accepts notice for respondent No.1.

2. Sri Vasantha, learned counsel is directed to take notice for respondent Nos.2 and 3.

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

4. The petitioner in this petition is seeking for a writ of mandamus directing respondent Nos.1 to 3 to consider the application dated 16.07.2025 at Annexure-D submitted by the petitioner seeking change of land use of his agricultural land bearing Sy.No.21/2 to an extent of 26 guntas of Linganahalli, Hesaraghatta Hobli, Yelahanka Taluk, Bengaluru Urban District, to residential land 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.3 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 disposed of ii. Respondent Nos.2 and 3 are directed to consider the petitioner’s representation/ application at Annexure-D dated 16.07.2025, strictly in accordance with law and to take appropriate decision within an outer limit of three months from the date of receipt of copy of this order.

Sd/-

______________________

JUSTICE K.S. HEMALEKHA AT /List No.: 1 Sl No.: 17