Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 36385 (KAR)

SRI MANJUNATH N v. THE STATE OF KARNATAKA

WP/36552/2024 · 2025-04-07

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14810 WP No. 36552 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 36552 OF 2024 (LB-RES) BETWEEN: 1. SRI MANJUNATH N S/O NARAYANAPPA, AGED ABOUT 41 YEARS, R/AT NO.37, 13TH CROSS, 7TH MAIN, SRINIDHI LAYOUT, KONANAKUNTE, BENGALURU - 560 062 … PETITIONER (BY SRI. SHIVAKUMAR V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT REPRESENTED BY ITS PRL. SECRETARY VIKASA SOUDHA DR. AMBEDKAR BEEDI BANGALORE - 560 001. 2. KANAKAPURA PLANNING AUTHORITY REPRESENTED BY JOINT DIRECTOR OF TOWN AND COUNTRY PLANNING AND MEMBER SECRETARY, NO.469/CA, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14810 WP No. 36552 of 2024 3. CO-OPERATIVE RESIDENTIAL LAYOUT, AGARAHARA NEW COLONY TUNGANI POST, KANAKAPURA RAMANAGARA DISTRICT - 562 117 SRI JAMAL SHARIF S/O LATE YOUSUF SHARIFF AGED ABOUT 56 YEARS R/AT KAGGALIPURA VILLAGE & POST BEHIND ANSAR MASJID UTTARAHALLI HOBLI BANGALORE - 560 082. … RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1; SRI YOGESH D. NAIK, ADVOCATE FOR R2; SRI SUHAS S., ADVOCATE FOR R3) *** THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO ISSUE/ GRANT THE FINAL APPROVAL, SANCTIONS, PLAN ETC. AND TO RELEASE 100% SITES IN FAVOUR OF THE PETITIONER IN RESPECT OF THE CONVERTED LANDS BEARING SY.NO. 47/2, 48/2, 48/3, 48/4 AND 47/3 TOTALLY MEASURING 5 ACRES 35 GUNTAS, SITUATED AT KAGGALIPURA VILLAGE, UTHARAHALLI HOBLI, BENGALURU SOUTH TALUK, BY SETTING ASIDE / QUASHING THE ENDORSEMENT / COMMUNICATION LETTER DT. 25.11.2024 VIDE NO. KPA/ LAO/73/2021-22/2161 VIDE ANNEXURE A ISSUED BY THE RESPONDENT NO.2 AS WELL AS THE LEGAL REPORT/ OPINION ANNEXED THERETO DT.15.11.2024 VIDE ANNEXURE B AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV - 3 - NC: 2025:KHC:14810 WP No. 36552 of 2024 ORAL ORDER The present petition has been filed seeking for directions to respondent no.2 to issue/grant final approval, sanctions, plan and release of 100% of the sites in favour of the petitioner in respect of converted lands morefully described in the prayer column of the writ petition. 2. The petitioner has also sought for setting aside the endorsement dated 25.11.2024. In terms of the said endorsement at Annexure-A, the Planning Authority has observed that pending disposal of the civil suit, they have been advised by legal opinion not to release any sites. It is further observed that upon conclusion of the civil suit, necessary action would be taken for release of sites. 3. Learned Counsel for petitioner submits that objections were filed by one Ismail Sheriff who has filed the complaint dated 24.09.2024, in the suit filed by the third respondent. - 4 - NC: 2025:KHC:14810 WP No. 36552 of 2024 4. Learned counsel for third respondent files a memo which reads as under: "The counsel for proposed respondent no.3 submits that O.S.No.1476/2022 and O.S.No.352/2023 between petitioner and respondent no.3 are settled and no objections to release the sites developed by the petitioner, the same may be taken on record, in the interest of justice and equity." 5. In light of the same, endorsement at Annexure-A requires reconsideration and the second respondent is directed to reconsider the request of the petitioner and pass appropriate orders in accordance with law. 6. Accordingly, the petition is disposed off. SD/- (S SUNIL DUTT YADAV) JUDGE NP