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2025 DAILYLAW 55226 (KAR)

SMT LATHA G v. STATE OF KARNATAKA

WP/28812/2024 · 2025-08-05

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30533 WP No. 28812 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.28812 OF 2024 (LB-RES) BETWEEN: SMT. LATHA G W/O NAGARAJA G.C AGED ABOUT 40 YEARS R/AT SIDDESHWARA NILAYA 15TH CROSS, CHANNAKESHAVA NAGAR, BEHIND GOVT. FIRST GRADE COLLEGE, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577 427. …PETITIONER (BY SRI SATCHIDANANDA R. JOIS, ADVOCATE FOR SRI R. KIRAN, ADVOCATE.) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9TH AND 10TH FLOOR VISHVESHWARIAH TOWER DR. B.R.AMBEDKAR VEEDHI BENGALURU - 560 001. 2. TOWN MUNICIPAL COUNCIL SHIKARIPURA, REPRESENTED BY ITS CHIEF OFFICER, OFFICE AT OLD HONNALI ROAD, SHIKARIPURA SHIVAMOGGA DISTRICT - 577 427. …RESPONDENTS Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30533 WP No. 28812 of 2024 (BY SMT. SPOORTHI V., HCGP FOR R-1; SRI SRIKANTH PATIL, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT NO. PUUSHI/CR/04/2024-25 DATED 18.09.2024 ISSUED BY THE RESPONDENT NO.2 AT ANNEXURE H., ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Petitioner requested permission to construct a building on 1 acre 24 guntas of his lands situated in Survey Nos.101/1A and 101/1B in Kanuru village. The same has been rejected by respondent no.2 on the ground that the said lands are part of the agricultural zone as per the master plan, and hence, the same cannot be granted. 2. During the course of the arguments, the learned counsel for the petitioner submits that the petitioner may be permitted to make necessary application for change of land use and the writ petition may be disposed of accordingly. His submission is placed on record. - 3 - HC-KAR NC: 2025:KHC:30533 WP No. 28812 of 2024 3. As the lands fall within the agricultural zone as per the master plan, the impugned endorsement has been issued by respondent no.2. There is no error in the same. Issuance of the impugned endorsement does not come in the way of the petitioner seeking change of land use from the concerned authorities and if such an application were to be made, the same shall be considered and appropriate orders shall be passed by the authorities concerned. The writ petition is hereby disposed of subject to the aforementioned observations. Sd/- (M.I.ARUN) JUDGE hkh. CT: DN List No.: 1 Sl No.: 95