IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Suraj Govindaraj, J
SRI NEELAM SRIKANTH – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP No. 28286 of 2025|WP No. 28287 of 2025
| Table of Content |
|---|
| 1. petitioners challenge the requirement of free land relinquishment for road widening as a condition for building plan sanction. (Para 1 , 2 , 3) |
| 2. free relinquishment of land for road widening outside the property violates article 300a of the constitution of india. (Para 4 , 5 , 6) |
| 3. distinction between layout sanctions under section 72a and single plot plan sanctions regarding land surrender. (Para 7) |
| 4. quashing of impugned orders and direction to reconsider applications without illegal relinquishment demands. (Para 8) |
WRIT PETITION NO. 28286 OF 2025 (LB-BMP)
C/W
WRIT PETITION NO. 28287 OF 2025 (LB-BMP)
IN WP No. 28286/2025
BETWEEN:
SRI MALEPATI VASU BABU
S/O. MASTHANAIAH NAIDU,
AGED ABOUT 63 YEARS,
R/AT.FLAT NO.203, A BLOCK,
SRADDA PALMERA APARTMENT,
NEAR HORIZAN GURUKUL SCHOOL,
KADUBISANAHALLI, BANGALORE-560103.
…PETITIONER
(BY SRI. VENKATARAMI REDDY E.,ADVOCATE)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF URBAN DEVELOPMENT DEPARTMENT, KARNATAKA
AND:
1. THE STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT,
KARNATAKA
AMBEDKAR BEEDI, VIKAS SOUDHA,
BANGALORE-560001.
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE CHIEF COMMISSIONER,
BRUHAT BANGALORE MAHANAGARA PALIKE,
HUDSON CIRCLE, N.R.SQUARE,
BANGALORE-560002.
3. THE ASSISTANT DIRECTOR,
TOWN PLANNING DEPARTMENT,
BRUHAT BANGALORE MAHANAGARA PALIKE,
VARTHUR, BANGALORE-560087.
…RESPONDENTS
(BY SMT. CHANDINI SINGH., HCGP FOR R1;
SRI. K.B. MONISH KUMAR., ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER VIDE ORDER NO. ADDL.TP/PR/1338/2022-23 DATED 31.01.2023 PASSED BY THE RESPONDENT NO.2 VIDE AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
IN WP NO. 28287/2025
BETWEEN:
SRI NEELAM SRIKANTH
S/O VENKATARAMANA NEELAM
AGED ABOUT 42 YEARS
R/AT NO. 8-5-243 SYNDICATE BANK COLONY
BEHIND J P APARTMENT
OLD BOWENPALLI, TIRUMALAGIRI
HYDERABAD
TELANGALA 5000 11
...PETITIONER
(BY SRI. VENKATARAMI REDDY E.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT,
AMBEDKAR BEEDI, VIKAS SOUDHA,
BANGALORE-560001.
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE CHIEF COMMISSIONER,
BRUHAT BANGALORE MAHANAGARA PALIKE,
HUDSON CIRCLE, N.R.SQUARE,
BANGALORE-560002.
3. THE ASSISTANT DIRECTOR,
TOWN PLANNING DEPARTMENT,
BRUHAT BANGALORE MAHANAGARA PALIKE,
VARTHUR, BANGALORE-560087.
…RESPONDENTS
(BY SMT. CHANDINI SINGH., HCGP FOR R1;
SRI. K.B. MONISH KUMAR., ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER VIDE ORDER NO.ADDL.TP/PR/1338/2022-23, DATED 31-01-2023 PASSED BY THE RESPONDENT NO.2 VIDE AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The Petitioner in W.P.No.28286/2025 is before this Court seeking for the following reliefs:
a) Issue writ in nature of certiorari to quash the impugned order vide order No. ADDL.TP/PR/1338/2022-23, dated 31.01.2023 passed by the respondent No.3 vide at Annexure-A in the interest of justice and equity.
(b) Issue a writ in the nature of certiorari to quash the impugned order vide Endorsement/shortfall letter dated 20.08.2025 issued by the respondent No.2 vide at Annexure-B in the interest of justice and equity.
(c) Issue any other direction/orders as deems fit by this Hon’ble Court including the cost of the proceedings in the interest of justice and equity.
2. The Petitioner in W.P.No.28287/2025 is before this Court seeking for the following reliefs:
a) Issue writ in n
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