- 1 - NC: 2025:KHC:13787 WP No. 7463 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 7463 OF 2025 (LB-RES) BETWEEN: 1. SMT. S SUVARNA W/O B.V. MOORTHY AGED ABOUT 50 YEARS RESIDING AT NO.237, ADIGONDANA HALLI MUTHANALLUR POST, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE- 560 099 2. SRI. B.V. MOORTHY S/O VENKATESHAPPA AGED ABOUT 52 YEARS RESIDING AT NO.237, ADIGONDANA HALLI MUTHANALLUR POST, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE- 560 099 3. SMT. GANGA BHAVANI D/O GURURAJA G K AGED ABOUT 46 YEARS RESIDING AT NO.281, SRI SAI RESIDENCY, 3RD PHASE, TERRACON LAYOUT, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13787 WP No. 7463 of 2025 JIGALA ROAD, ATTIBELE, ANEKAL TALUK BANGALORE- 562 107. 4. SRI. LAKSHMINARAYANA S/O LATE P VASUDEVA AITHALA AGED ABOUT 68 YEARS RESIDING AT QTR NO.5, KIOCL LTD, HOUSING COLONY, KORAMANGALA 2ND BLOCK, SRARJAPURA ROAD, BANGALORE- 560 034. 5. SMT. NAGARATHNA W/O LAXMINARAYANA AGED ABOUT 66 YEARS RESIDING AT QTR NO.5, KIOCL LTD, HOUSING COLONY, KORAMANGALA 2ND BLOCK, SRARJAPURA ROAD, BANGALORE- 560 034. 6. SMT. T JAYSHREE W/O SHIVARUDRAIAH AGED ABOUT 34 YEARS, RESIDING AT NO. 101, SHAKAMBARI LAYOUT, OPPOSITE WATER TANK, ATTIBELE, ANEKAL TALUK BANGALORE- 562 107. 7. SMT. MANJULA G W/O DR M.R. JNAESH AGED ABOUT 45 YEARS RESIDING AT NO.11, LEKHA SABANA, - 3 - NC: 2025:KHC:13787 WP No. 7463 of 2025 DEVAGIRI LAYOUT, DINNE HOSAHALLI ROAD PRASHANT NAGARA, CHIKKABALLAPURA- 562 101 8. SMT. LALITHA G S W/O SHARANA BASAPPA GADAGI AGED ABOUT 68 YEARS RESIDING AT NO. 201, SS GADAGI BETHALASOOR, CHIKKA JALA HOBLI, BANGALORE- 562 157. 9. SRI. RAME GOWDA S/O MR SUBBE GOWDA AGED ABOUT 43 YEARS RESIDING AT 3RD CROSS, NAGAMUNEHSWARA LAYOUT PARAPPANA AGRAHARA, ELECTRONIC CITY BANGALORE - 560 100. 10. SMT. ARCHANA A M W/O PRASANNA N B AGED ABOUT 33 YEARS RESIDING AT NO.39, 2ND FLOOR, 5TH MAIN, 3RD CROSS, MANJUNATHA NAGAR, OPP MICO BOSH, ELECTRONIC CITY BANGALORE- 560 100. 11. SRI. PRASANNA N B S/O BALARAJU N M AGED ABOUT 40 YEARS RESIDING AT NO.39, 2ND FLOOR, - 4 - NC: 2025:KHC:13787 WP No. 7463 of 2025 5TH MAIN, 3RD CROSS, MANJUNATHA NAGAR, OPP MICO BOSH, ELECTRONIC CITY BANGALORE- 560 100. 12. SMT. BHAVANI NAIDU W/O ADITYA PRAKASH AGED 48 YEARS RESIDING AT NO. 154, GPR ROYALE LAYOUT 4TH CROSS, HUSKUR ROAD, ELECTRONIC CITY POST, BANGALORE- 560 100 13. SRI. ADITYA PRAKASH S/O OM PRAKASH AGED 49 YEARS RESIDING AT NO. 154, GPR ROYALE LAYOUT 4TH CROSS, HUSKUR ROAD, ELECTRONIC CITY POST, BANGALORE- 560 100 14. SMT. DIKSHITA DINESH SAVANT W/O DINESH VAMAN SAVANT AGED ABOUT 52 YEARS RESIDING AT NO. 217, GPR ROYALE LAYOUT 4TH CROSS, HUSKUR ROAD, ELECTRONIC CITY POST, BANGALORE- 560 100 15. DR. RAVINDRA SINGH S/O LATE RI MAHENDRA SINGH AGED ABOUT 69 YEARS - 5 - NC: 2025:KHC:13787 WP No. 7463 of 2025 RESIDING AT FLAT NO. 502, DELTA FOREST EDGE APARTMENTS, OPPOSITE BANNERGHATTA ROAD PANDURANGANAGAR, BANGALORE - 560 076. 16. DR. KAMALENDRA SINGH S/O DR. RAVINDRA SINGH AGED ABOUT 49 YEARS RESIDING AT FLAT NO. 502, DELTA FOREST EDGE APARTMENTS, OPPOSITE BANNERGHATTA ROAD PANDURANGANAGAR, BANGALORE 560 076. 17. SMT. POOJA SINGH W/O DR. KAMALENDRA SINGH AGED ABOUT 44 YEARS RESIDING AT NO.85, TERRACON SAI RESIDENCE, PHASE 3 JIGALA ROAD, ATTIBELE, ANEKAL TALUK, BANGALORE-562 107 18. SRI MADHU K S/O HALAPPA AGED ABOUT 42 YEARS RESIDING AT NO. 14/8, HIRIYUR VILLAGE, BANAWARA HOBLI, AARASIKERE TALUK, HASAN-573 103. 19. SRI. DINESH VAMAN SAVANT S/O VAMAN PURUSHOTHAM SAVANT AGED ABOUT 58 YEARS - 6 - NC: 2025:KHC:13787 WP No. 7463 of 2025 RESIDING AT NO. 217, GPR LAYOUT, OPPOSITE FRUIT MARKET, ELECTRONIC CITY POST HUSKUR GATE, BANGALORE- 560 100. 20. SRI. S V RAMESH S/O VEERABADRA CHETTY AGED ABOUT 60 YEARS RESIDING AT NO.69, INDIRANAGAR, PALLAVI STORES, HOSUR, KRISHNAGIRI DISTRICT TAMIL NADU- 635 109. 21. SRI. SHASHI KIRAN NAGENDRA S/O NAGENDRA L AGED ABOUT 37 YEARS RESIDING AT NO.7, SATYA ENCLAVE, JIGALA ROAD, ATTIBELE, ANEKAL TALUK BANGALORE-562 107. … PETITIONERS (BY SRI. PRASAD K.R. RAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY IS PRINCIPAL SECRETARY REVENUE DEPARTMENT, VIDHANA SOUDHA AMBEDKAR VEEDHI, BANGALORE- 560 001 - 7 - NC: 2025:KHC:13787 WP No. 7463 of 2025 2. THE MEMBER SECRETARY, SATELLITE TOWN RING ROAD AUTHORITY. BANGALORE METROPOLITAN AREA DEVELOPMENT AUTHORITY NO. 1, ALI ASKAR ROAD, BANGALORE 560 052. 3. THE JOINT SECRETARY, SATELLITE TOWN RING ROAD AUTHORITY, BANGALORE METROPOLITAN AREA DEVELOPMENT AUTHORIT NO. 1, ALI ASKAR ROAD, BANGALORE 560 052. 4. THE PANCHAYAT DEVELOPMENT OFFICER BIRADARAGUPPE GRAM PANCHAYAT HAVING ITS OFFICE AT INDLIBELE VILLAGE, ANEKAL TALUK, ATTIBELE HOBLI, BANGALORE- 562 107. … RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1; SRI YOGESH D. NAIK, ADVOCATE FOR R2 & R3; SRI B.J. SOMAYAJI, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET SIDE THE IMPUGNED ORDER DTD 17.02.2023 PASSED BY THE R-3 BEARING LETTER NO. STRPA/TP/LAO/26/2021-22 THEREBY SUSPENDING THE PLAN SANCTION DTD 16.12.2014 VIDE ANNEXURE-A, BEARING PLAN SANCTION NO. AAYOPRA/LAO/64/2013-14 PASSED BY THE R-3 AS PER ANNEXURE-B AND C AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV - 8 - NC: 2025:KHC:13787 WP No. 7463 of 2025 ORAL ORDER Petitioners who are the site owners numbering 21 have called in question the validity of the order at Annexure-A dated 17.02.2023 passed by respondent No.3 suspending the plan sanctioned for development made on 16.12.2014 as per Annexures - B and C. 2. It is the case of the petitioners that the order passed at Annexure-A suspending the plan is without notice to the petitioners who have purchased sites in the layout approved by the Authority. It is submitted that admittedly layout plan was approved in the year 2014 and its cancellation in exercise of power is after an unreasonable period of time. Various other contentions have been raised. 3. It is the case put forward by the petitioners that there is no power under Section 76-O of the Karnataka Town and Country Planning Act, 1961 (for short 'the Act') for temporary suspension of plan. - 9 - NC: 2025:KHC:13787 WP No. 7463 of 2025 4. Learned counsel for respondent - Development Authority submits that the order at Annexure-A may be treated as show cause notice and the Development Authority may be permitted to proceed afresh by treating the order at Annexure-A as show cause notice. 5. Noticing that the order at Annexure-A affects civil rights of the petitioners as they have purchased the sites, clearly, no order as at Annexure-A could have been passed without hearing the petitioners. Accordingly, the order at Annexure-A is set aside reserving liberty to the respondents to take action strictly in accordance with the safeguards for the property holders in terms of the proviso to Section 76-O of the Act. While taking fresh steps, the respondent - Authority may grant an opportunity of hearing to the petitioners and consider preliminary submissions before deciding whether notice under Section 76-O is itself warranted. All contentions of the petitioners are kept open. - 10 - NC: 2025:KHC:13787 WP No. 7463 of 2025 6. In light of the observations made above, writ petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP