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2025 DAILYLAW 21520 (KAR)

M Y SRIKANTH v. THE STATE OF KARNATAKA

WP/10187/2025 · 2025-04-26

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:17300 WP No. 10187 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 10187 OF 2025 (KLR-CON) BETWEEN: M.Y. SRIKANTH AGED ABOUT 58 YEARS S/O M. YELLAPPA NO.2, 14TH COSS GOVINDARAJA NAGARA BANGALORE-560 079. …PETITIONER (BY SRI. B.R. VISHWANATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER BANGALORE DISTRICT KANDAYA BHAVANA K.G. ROAD, BANGALORE - 560 009. 3. THE ASSISTANT COMMISSIONER BANGALORE DISTRICT KANDAYA BHAVANA, K.G. ROAD BANGALORE - 560 009. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17300 WP No. 10187 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO CONSIDER THE APPLICATION FOR CONVERSION OF THE PROPERTY BEARING NO.25/14, THIPPASANDRA VILLAGE UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK MEASURING 2 3/4 GUNTAS OF LAND FROM AGRICULTURAL LAND TO NON- AGRICULTURAL LAND VIDE ANNEXURE-C AND ALSO ANNEXURE-D AND 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 Learned AGA accepts notice for the respondents. 2. At the request of learned counsel for the petitioner, the petitioner is orally permitted to amend the prayer to seek for quashing of Annexure-D since it is submitted that due to inadvertence, a prayer seeking for quashing of Annexure-D was not made. 3. The case of the petitioner is that he has constructed a house on the land bearing Sy. No.25/14 situated at Tippasandra Village was coming within the purview of the BBMP Limits and when he approached the - 3 - NC: 2025:KHC:17300 WP No. 10187 of 2025 Municipality Authorities for sanction of a plan, they raised an objection that he had not got the land converted. The petitioner states that accordingly, he approached the concerned Deputy Commissioner and the Deputy Commissioner has issued an endorsement stating the documents were not furnished to indicate that the land in question was not acquired. 4. The learned counsel for the petitioner points out that the BDA has, in fact, issued an endorsement way back in the year 2007 to the effect that Sy. No.25 of Tippasandra Village has not been acquired and this has not been noticed by the Deputy Commissioner. 5. In the light of the endorsement of the BDA that the land bearing Sy. No.25 of Tippasandra Village has not been acquired, the impugned endorsement order vide Annexure-D issued by the Deputy Commissioner cannot be sustainable and the same is liable to be quashed. - 4 - NC: 2025:KHC:17300 WP No. 10187 of 2025 6. In that view of the matter, this Court proceeds to pass the following; ORDER (i) The writ petition is disposed off. (ii) The Deputy Commissioner shall reconsider the matter keeping in mind that the BDA has already issued an endorsement indicating that Sy. No.25 has not been acquired and more importantly taking note of the fact that according to the petitioner, the land bearing Sy. No.25 now comes within the BBMP limits and comes within the purview of the revised Master Plan. (iii) This exercise shall be completed within a period of two months from the date of receipt of order copy. Sd/- (N S SANJAY GOWDA) JUDGE NBM List No.: 1 Sl No.: 10