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2025 DAILYLAW 34854 (KAR)

SMT. FAHIMA TAJ v. STATE OF KARNATAKA

WP/29791/2024 · 2025-01-17

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:1924 WP No. 29791 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 29791 OF 2024 (LB-RES) BETWEEN: 1. SMT. FAHIMA TAJ AGED ABOUT 61 YEARS, D/O MARIAM HUSSAIN, R/O NO.33, ROYAL HERITAGE, 18, MAGRATH ROAD, NEAR GARUDA MALL, MUSEUM ROAD, BENGALURU-560025 …PETITIONER (BY SRI. SHAHBAAZ HUSSAIN AND SRI. PRATHITH H.S., ADVOCATE FOR SRI. A MAHESH CHOWDHARY., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT AUTHORITY, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560020 3. ADDITIONAL DIRECTOR TOWN PLANNING BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560020 …RESPONDENTS (BY SRI. SPOORTHI.V., HCGP FOR R-1; SRI. K.KRISHNA., ADVOCATE FOR R-2 & R-3) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1924 WP No. 29791 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE IMPUGNED ENDORSEMENT BEARING NO. CLU-177 AND 259 2823/2023-24 DATED: 06.03.2024 ISSUED BY THE R-3 VIDE ANNX-A AS THE SAME IS ARBITRARY AND BAD IN THE EYES OF LAW, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this Writ Petition is to quash Annexure- A dated 06.03.2024 and Annexure-B dated 23.10.2024. 2. A perusal of the said Annexures reveals that the Planning Authority was initially of the view that applications for change of land use would not be considered, since the lands of the petitioner could be required for a future acquisition. 3. However, Annexure-B clearly indicates that such endorsements have been cancelled and since further - 3 - NC: 2025:KHC:1924 WP No. 29791 of 2024 information was required for processing the application, the petitioner was sent a communication enlightening her about the circumstances leading upto the issuance of Annexure-B. 4. Since in Annexure-B the Planning Authority has stated that they are awaiting further information to process the request of information for land use, it would be unnecessary to entertain the prayers made in Annexures-A and B and it would be sufficient to direct the Planning Authority to consider the application of the petitioner for change of land use within a period of three months from the date of receipt of a copy of this order. This Writ Petition is, accordingly, disposed of. 5. The Planning Authority shall forward the proposal to change of land use to the Government within a period of two months and the Government shall within a month thereafter pass appropriate orders on the said proposal. - 4 - NC: 2025:KHC:1924 WP No. 29791 of 2024 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 24