- 1 - NC: 2025:KHC:8523 WP No. 3210 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 3210 OF 2025 (BDA) BETWEEN: 1. DR EREGOWDA G B S/O LATE BHADREGOWDA, AGED ABOUT 54 YEARS, R/AT NO.12, 6TH CROSS, IST MAIN, MARUTHI LAYOUT, H A FARM POST, DASARAHALLI, BANGALORE-560012 2. SMT. VINUTHA S R W/O DR EREGOWDA G B, AGED ABOUT 48 YEARS, R/AT NO.12, 6TH CROSS, IST MAIN, MARUTHI LAYOUT, H A FARM POST, DASARAHALLI, BANGALORE-560012 …PETITIONERS (BY SRI. RAJATH H V.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, ROOM NO.434, VIKASA SOUDHA, BANGALORE-560001 Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:8523 WP No. 3210 of 2025 2. BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, T CHOWDAIAH ROAD, KUMARAPARK WEST, BENGALURU-560 020. 3. TOWN PLANNING MEMBER BANGALORE DEVELOPMENT AUTHORITY, TOWN PLANNING SECTION, T CHOWDAIAH ROAD, KUMARAPARK WEST, BENGALURU-560020 …RESPONDENTS (BY SMT.B.SUKANYA BALIGA, AGA FOR R-1, SRI.M.AJAY KUMAR, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD. 30.01.2025 ISSUED BY R-3 PRODUCED AT ANNEXURE-A VIDE NO. BEMAAPRA/NAYOSA/CLU-161/2871/2024-25. DIRECT THE R-2 AND 3 TO CONSIDER THE APPLICATION OF THE PETITIONERS AND TAKE APPROPRAITE DECISION / PASS APPROPRIATE ORDERS AT THE EARLIEST PRODUCED AT ANNEXURE-B VIDE APPLICATION NO.4793 DTD. 06.09.2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners are before this Court on a short grievance namely that the petitioners had made an application to the - 3 - NC: 2025:KHC:8523 WP No. 3210 of 2025 respondent-BDA seeking change of land usage under Section 14A of the Karnataka Town and Country Planning Act, 1961 in respect of land measuring 20 guntas bearing Sy.Nos.121/5 and 121/6 Kogilu Village, Yelahanka Hobli, Bengaluru North Taluk. Respondent-BDA by communication dated 30.01.2025 produced at Annexure-A declined to consider the request on the premise that the said land in Sy.No.121 has been proposed for acquisition for the purpose of further extension of Arkavathi Layout. Accordingly, the request of the petitioners have been kept in abeyance. 2. Learned counsel for the petitioners taking this Court through the averments, records and also relying upon the order dated 15.11.2022 passed in W.P.No.19174/2022 by the Co-ordinate Bench of this Court in identical fact situation of the matter submits that the Co-ordinate Bench of this Court quashing the similar communication had directed the respondent-BDA to consider the application of the petitioners therein for change of land usage. Learned counsel for petitioners submit that petitioners being similarly situated may also be extended similar relief. - 4 - NC: 2025:KHC:8523 WP No. 3210 of 2025 4. Sri.M.Ajay Kumar, learned counsel appearing for respondent-BDA does not dispute the factual and legal aspect of the matter. In that view of the matter this Court do not see any reason to differ with the order passed by the Co-ordinate Bench of this Court under identical fact situation of the matter. Accordingly, petition is allowed. Impugned communication dated 30.01.2025 at Annexure-A is set aside. Respondent-BDA is directed to consider the application of the petitioners and shall take appropriate decision thereon in accordance with law within an outer limit of twelve weeks from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 62