IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3086 OF 2025 (LB-RES)

BETWEEN:

SMT. CECILIA LEWIS, W/O LATE JOSEPH LEWIS, AGED ABOUT 89 YEARS, R/AT NO. 3-20, JOSEPHS COTE KINNIGOLI TALIPADY, KINNIGOLI, MANGALURU TALUK, DAKSHINA KANNADA DIST - 574 150. REP BY HER GPA HOLDER, SRI NICHOLAS CLAUDI LEWIS, S/O LATE JOSEPH LEWIS, AGED ABOUT 64 YEARS, …PETITIONER (BY SMT. RAAGINI RAGHU., ADVOCATE FOR SRI. RAJASHEKAR S., ADVOCATE)

Digitally signed AND:

by SHWETHA RAGHAVENDRA

1. THE STATE OF KARNATAKA Location: HIGH COURT OF DEPARTMENT OF URBAN DEVELOPMENT, KARNATAKA VIKASA SOUDHA, DR B R AMBEDKAR VEEDHI, BENGALURU - 560 001.

REP BY ITS PRINCIPAL SECRETARY.

2. TH DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU - 577 101.

3. THE ASSISTANT DIRECTOR TOWN AND COUNTRY PLANNING DEPT, KSFC BUILDING, NEAR DISTRICT PLAYGROUND, HOSAMEN BADAVANE ROAD, CHIKKAMAGALURU - 577 101.

4. THE PANCHAYATH DEVELOPMENT OFFICER TARUVE GRAM PANCHAYT, ATTIGERE VILLAGE, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT 577 113.

5. TARUVE GRAMA PANCHAYATH ATTIGERE VILLAGE, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT - 577 113.

REP BY ITS PRESIDENT.

…RESPONDENTS (BY SRI. BOPPANNA BELLIYAPPA., AGA FOR R1 TO R3;

SRI. ASHOK N. NAIK., ADVOCATE FOR R4 & R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE CONDITION NO. 6 OF THE LETTER OF TECHNICAL APPROVAL DATED 13.08.2018 BEARING NO.NA GRA YO SANI.CHIMA. MUDIGERE TA. ATTIGERE GRAMA-32.TAM.VI.AA.2018- 19 ISSUED BY THE 3RD RESPONDENT AND CONSEQUENTLY SET ASIDE THE LETTER DATED 17.12.2024 NO.NAGRAYOSANI.CHIMA/32/2018-19 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURES-A AND B AND ETC.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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. Issue a writ of certiorari to quash the condition No.6 of the letter of Technical Approval dated 13.08.2018 bearing No. NaGraYoSaNi:ChiMa: Mudigere Ta: Attigere Grama-32:Tam:Vi.Aa:2018- 19 issued by the 3^rd Respondent and consequently set aside the letter dated 17.12.2024 No.NaGraYoSaNi:ChiMa/32/2018-19 issued by the

3^rd Respondent vide Annexure-A and B.

II. Issue a writ of mandamus directing the R3 to consider the representation dated 15.11.2024 for renewal of single plot development plan in favour of the petitioner without insisting for surrender of commercial property free of cost vide Annexure-C.

III. Grant such other and further reliefs as this Hon’ble Court deems fit and proper under the facts and circumstances of this case in the interest of justice and equity.

2. The petitioner claims to be the absolute owner of the property bearing Survey No.109, measuring 2 acres and 5 guntas (including 5 guntas of kharab), situated at Attigere Village, Banakal Hobli, Mudigere Taluk, Chikkamagalur District, having acquired the same under a registered sale deed dated 19.05.2008.

3. The petitioner thereafter submitted an application before Respondent No.2 seeking conversion of the said land from agricultural to non-agricultural commercial purposes. Upon consideration of the said application, Respondent No.2, by Official Memorandum dated 13.08.2010, accorded approval for conversion of the land for non-agricultural commercial use (Hotel and Shop).

4. Pursuant thereto, the petitioner approached the Planning Authority for approval of a Single Plot Development Plan. At that stage, Respondent No.3 issued a technical approval incorporating Condition No.6, whereby the petitioner was called upon to relinquish, free of cost, a portion of the property abutting the existing National Highway for the purpose of road widening.

5. Aggrieved by the imposition of the said condition, the petitioner submitted a representation dated 14.11.2024, enclosing all relevant documents, s