- 1 - HC-KAR NC: 2025:KHC:41444 WP No. 28073 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.28073 OF 2025 (BDA) BETWEEN: SRI NARESH KUNDAR, S/O. RAJU POOJARI, AGED ABOUT 47 YEARS, R/O. NO-221, 2ND FLOOR, 1ST STAGE, W O C ROAD, MANJUNATHANAGAR, 1ST PHASE, 40 FEET ROAD, RAJAJINAGARA, BENGALURU-560 010. …PETITIONER (BY SRI RAMESH K.R., ADVOCATE) AND: 1. THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560 001. 2. BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560 020 REPTD. BY ITS COMMISSIONER. 3. THE TOWN PLANNING MEMBER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU-560 020. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI VASANTH, ADVOCATE FOR R-2 & R-3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41444 WP No. 28073 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS, IF NECESSARY; DIRECTING THE RESPONDENT NOS.1 TO 3 TO PASS APPROPRIATE ORDERS, CONSIDERING THE APPLICATION GIVEN BY THE PETITIONER DATED 27.05.2025 AT ANNEXURE-D SEEKING CHANGE OF LAND USE OF HIS AGRICULTURAL LAND BEARING SY.NO.29/7 TO AN EXTENT OF 0.15 GUNTAS, OF MUTHAGADAHALLI, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU URBAN DISTRICT WITHIN A TIME FRAME. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri Vasant, learned counsel is directed to take notice for respondent Nos.2 and 3. 3. Heard learned counsel for the petitioner, learned AGA for respondent No.1 and learned counsel for respondent Nos.2 and 3. 4. The petitioner in this petition is seeking for a writ of mandamus directing respondent Nos.1 to 3 to consider the application dated 27.05.2025 at Annexure-D - 3 - HC-KAR NC: 2025:KHC:41444 WP No. 28073 of 2025 submitted by the petitioner seeking change of land use of his agricultural land bearing Sy.No.29/7 to an extent of 0.15 guntas of Muthagadahalli, Hesaraghatta Hobli, Yelahanka Taluk, Bengaluru urban District, within a time frame. 5. Learned counsel for the petitioner submits that the petitioner is the absolute owner of the schedule property, having acquired the same under the registered Sale Deed dated 12.08.2024. It is submitted that despite having filed an application before respondent No.3 for change of land use, the said application has not been considered compelling the petitioner to approach this Court in this writ petition. 6. Per contra, learned counsel for respondent Nos.2 and 3 submits that the representation/application will be considered within a reasonable period and the procedure to be followed for change of land use is prescribed under Section 14A of the Karnataka Town and Country Planning Act, 1961 (‘Act’ for short). He further - 4 - HC-KAR NC: 2025:KHC:41444 WP No. 28073 of 2025 submits that the process generally requires six months for compliance with statutory formalities and therefore, a reasonable time be granted. 7. The submission is recorded. 8. In view of the above, the grievance of the petitioner would be sufficiently redressed if respondent Nos.2 and 3 are directed to consider the petitioner’s representation/application. Accordingly, this Court pass the following: ORDER i. The writ petition is allowed. ii. Respondent Nos.2 and 3 are directed to consider the petitioner’s representation/ application at Annexure-D dated 27.05.2025, strictly in accordance with law and to take appropriate decision within an outer limit of three months from the date of receipt of a certified copy of this order. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT/List No.: 1 Sl No.: 16