THE HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
SRI M NARAYANASWAMY – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 2369/2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2369 OF 2019 (LB-RES)
BETWEEN:
SRI M NARAYANASWAMY SON OF LATE PATEL CHIKKAMUNIYAPPA, AGED ABOUT 53 YEARS, RESIDING AT HONNAKALASAPURA VILLAGE KASABA HOBLI ANEKAL TALUK - 562 125 BENGALURU RURAL DISTRICT.
…PETITIONER (BY SRI. FAYAZ SAB B G ., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, Digitally signed DEPARTMENT OF URBAN DEVELOPMENT by SHWETHA RAGHAVENDRA MULTI STORIED BUILDING Location: HIGH COURT OF BENGALURU - 560 001.
KARNATAKA
2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVANA BENGALURU - 560 009.
3. THE CHAIRMAN CUM PRESIDENT ANEKAL PLANNING AUTHORITY ANNA, NO. 430 HENNAGARA GATE, HOSUR MAIN ROAD, BENGALURU DISTRICT - 560 099.
4. THE MEMBER SECRETARY AND URBAN & RURAL DEVELOPMENT JOINT DIRECTOR ANEKAL PLANNING AUTHORITY NO. 430, ANNA COMPLEX HENNAGARA GATE, BOMMASANDRA INDUSTRIAL POST HOSUR MAIN ROAD, ANEKAL TALUK BENGALURU - 560 099
5. THE PANCHAYATH DEVELOPMENT OFFICER SURAGAJAKKANAHALLI GRAMA PANCHAYATH KASABA HOBLI, ANEKAL TALUK - 562 125 BENGALURU DISTRICT.
6. SRI VITTAL MURTHY SON OF LATE SRINIVASA MURTHY, AGED ABOUT 62 YEARS, RESIDING AT HONNAKALASAPURA VILLAGE, KASABA HOBLI, ANEKAL TALUK - 562 125 BENGALURU DISTRICT.
…RESPONDENTS (BY SMT.SPOORTHI V. HCGP SRI. AGA FOR R1-R2; SRI.YOGESH D. NAIK, ADVOCATE FOR R3 AND R4;
SRI.M.S.PRAKASH, ADVOCATE FOR R5;
SRI.A.P.PULAKESHI, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE AND GRANT THE FOLLOWING RELIEF. QUASH, THE IMPUGNED ORDER OF APPROVAL OF RESIDENTIAL LAYOUT PLAN BEARING DTD. 27.04.2018 APPROVED AND ISSUED BY THE R-4, WHICH IS PRODUCED HEREWITH FOR THE KIND PERUSAL OF THIS HON'BLE COURT AND MARKED AS ANNEXURE-D AS ILLEGAL, ARBITRARY, CAPRICIOUS, AND THE SAME IS APPROVED IN VIOLATION OF SECTION 76-O(iii) OF THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs:
i) TO, ISSUE A WRIT OF CERTIORARI TO QUASH, the Impugned Order of approval of Residential Layout Plan bearing No.AYOPRA/LAO/160/2015-16, dated 27.04.2018 approved and issued by the Respondent No.4, which is produced herewith for the kind perusal of this Hon'ble Court and marked as ANNEXURE-D as illegal, arbitrary, capricious, and the same is approved in violation of Section 76-O(iii) of the Karnataka Town and Country Planning Act, 1961, in the interest of justice and equity.
ii) TO ISSUE A WRIT OF MANDAMOUS, in the nature of Order or Direction, directing the Respondent Nos.3 & 4 to initiate appropriate steps to cancel or revoke the Impugned Order of approval of Residential Layout Plan bearing No.AYOPRA/LAO/160/2015-16, dated 27.04.2018 approved by Respondent No.4 which is produced herewith for the kind perusal of this Hon'ble Court and marked as ANNEXURE-D, in the interest of justice and equity.
iii) TO, GRANT, any such other relief/s as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice and equity.
2. The grievance of the petitioner is that the land of the petitioner has been made part of the layout plan approved at Annexure-D.
3. Learned counsel for respondents No.3 and 4 has filed a memo enclosing the modified approval plan and modified release order dated 17.09.2009. His submission is that in terms of the said modified plan, the land of the petitioner is deleted from the plan. Said submission answers the grievance of the petitioner.
4. Placing the memo and submission of learned counsel for respondents No.3 and 4, the petition stands disposed.
SD/-
(SURAJ GOVINDARAJ)
JUDGE LN List No.: 1 Sl No.: 43
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