- 1 - NC: 2025:KHC:8991 WP No. 6251 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6251 OF 2025 (KLR-RES) BETWEEN: 1. SRI MURALIDHAR S/O.SRI. THIMMEGOWDA AGED ABOUT 41 YEARS RESIDING AT HUCCHEGOWDANAPALYA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT 2. SRI A.C.RANGASWAMY S/O SRI.CHIKKAMUTTAPPA AGED ABOUT 43 YEARS RESIDING AT ADARSHANAGARA, NELAMANGALA TOWN, ARISHINAKUNTE VILLAGE, KASABA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT. …PETITIONERS (BY SRI. S. LAKSHMINARAYANA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE REVENUE SECRETARY, M.S. BUILDING, VIDHANA VEEDHI, BANGALORE - 560 001 2. THE DISTRICT COMMISSIONER BANGALORE RURAL DISTRICT, 1ST FLOOR, DISTRICT OFFICE, DEVENAHALLI TALUK, DEVENAHALLI -562 110 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8991 WP No. 6251 of 2025 3. THE TAHSILDAR, DODDABALLAPURA TALUK, BANGALORE RURAL - 561 203 …RESPONDENTS (BY SMT. B.P. RADHA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO. CONV0A1K2/18/2024 DTD. 18.02.2025 ISSUED BY R-2 UNDER ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. It is the case of the petitioners that the impugned notice has been issued calling upon them not to form the layout since they have not obtained the appropriate approvals from the Planning Authority. 2. The petitioners admit that the Planning Authority had granted a no objection to enable them to secure an order of conversion at the hands of the Deputy Commissioner and the Deputy Commissioner had indeed passed an order of conversion on 18.01.2024, - 3 - NC: 2025:KHC:8991 WP No. 6251 of 2025 permitting the petitioner to use the land as per the reservation made in the master plan. 3. It cannot be in dispute that, one of the conditions imposed while granting the order of conversion is that, the petitioners are required to obtain the approval of the appropriate Planning Authority before they take advantage of the order of conversion. 4. Admittedly, the petitioners have not secured the permission of the Planning Authority for formation of the layout. 5. In that view of the matter, the passing of the impugned order, which basically restrains the petitioners from forming a layout cannot be found fault with, though the order also indicates that he would be evicted. 6. Learned counsel for the petitioners submits that the petitioners are in the process of securing the approval of the Planning Authority for the formation - 4 - NC: 2025:KHC:8991 WP No. 6251 of 2025 of the layout and they also undertake that they will not form the layout until Planning Authority grants them the required approvals and, therefore, the order passed by the Tasildar should not be given effect to. 7. In view of the fact that petitions have undertaken not to form the layout without obtaining the approval from the Planning Authority, in my view, the Tahsildar is required to desist from implementing the order at Annexure – A, till the petitioners obtains an approval from the Planning Authority. If, without obtaining the approval of the Planning Authority, the petitioners attempt to form a layout, the Tahsildar would be at liberty to take appropriate action pursuant to Annexure – A. 8. This petition is therefore disposed of. - 5 - NC: 2025:KHC:8991 WP No. 6251 of 2025 9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 19