- 1 - NC: 2025:KHC:1534 WP No. 2200 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 2200 OF 2015 (LB-RES) BETWEEN: SMT. N.C. PUTTATHAYAMMA D/O LATE H.B. BALARAMAIAH AGED ABOUT 66 YEARS RESIDING AT PURADA HOSAHALLI VILLAGE, HIRISAVE HOBLI CHANNARAYAPATTANA TALUK HASSAN DISTRICT REPRESENTED BY HER GENERAL POWER OF ATTORNEY HOLDER SRI N.C. GOVINDARAJU S/O LATE CHIKKANNA AGED ABOUT 71 YEARS RESIDING AT SARASWATHIPURAM ARASIKERE TOWN, KASABA HOBLI ARASIKERE TALUK HASSAN DISTRICT-571 301. …PETITIONER (BY SRI. N.R. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN & RURAL DEVELOPMENT REPRESENTED BY ITS SECRETARY M.S. BUILDING BANGALORE-560 001. 2. THE TOWN PLANNING AUTHORITY Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1534 WP No. 2200 of 2015 TOWN PLANNING DEVELOPMENT HASSAN-571 301 REPRESENTED BY ITS ASSISTANT DIRECTOR. 3. THE CHIEF OFFICER TOWN MUNICIPALITY ARASIKERE TOWN HASSAN DISTRICT-571 301. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 & R2; SMT. VIDYA S., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE ENDORSEMENT ISSUED DATED 20.12.2014 NOT EFFECTING THE KHATHA IN RESPECT OF PROPERTY BEARING SITE NO.35, KHATHA NO.169, ASSESSMENT NO. 356, MEASURING EAST TO WEST 40-0 FEET AND NORTH TO SOTUH 30.0 FEET, SITUATED AT HANJAGONDANAHALLI, GIJIHALLI PANCHAYATH, NOW COMES WITHIN THE JURISIDCTION OF TOWN MUNICIPALITY ON MERGING OF PANCHAYATH VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:1534 WP No. 2200 of 2015 ORAL ORDER 1. The petitioner is before this Court challenging an endorsement dated 20.12.2014, by which, the Municipality has rejected the request of the petitioner for sanction of plan on the ground that the site which the petitioner claims was part of a civil amenity. 2. During the pendency of the writ petition, affidavits have been filed by the Assistant Director/Member Secretary of Arasikere Town Planning Authority on 21.01.2023 along with which the approved plan has been produced, in which, civic amenity earmarked in the land bearing Sy.No.388/1 has been indicated. It is also stated that the petitioner is claiming a site in the area which was demarcated as a civic amenity site. 3. Since the petitioner is seeking for sanction of plan to build his house on a civic amenity site, it is obvious - 4 - NC: 2025:KHC:1534 WP No. 2200 of 2015 that the authorities cannot consider his request and permit him to do so. Consequently, I find no reason to entertain this writ petition and the same is therefore dismissed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 58