- 1 - HC-KAR NC: 2025:KHC:24386 WP No. 16886 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.16886 OF 2025 (LB-RES) BETWEEN: SRI.CHANNAPPA B M S/O LATE MUNISWAMAPPA AGED ABOUT 68 YEARS R/AT NO.16, 'NAMMANE' SURYODHAYA LAYOUT 1ST CROSS, 1ST MAIN R.K. HEGDENAGARA BENGALURU-560 077 (THE PETITIONER IS NOT CLAIMING SENIOR CITIZENSHIP BENEFITS) …PETITIONER (BY SRI.K.N.SUNIL, ADVOCATE FOR SRI.RAMESH K R, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIKASA SOUDHA BENGALURU-560 001 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24386 WP No. 16886 of 2025 2. BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T. CHOWDAIAH ROAD BENGALURU-560 020 REPRESENTED BY ITS COMMISSIONER 3. THE TOWN PLANNING MEMBER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD BENGALURU-560 020 4. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BEHIND KANDAYA BHAVAN K.G. ROAD BENGALURU-560 009 5. THE TAHASILDAR YELAHANKA TALUK YELAHANKA BENGALURU-560 064 6. THE ASSISTANT DIRECTOR OF LAND RECORDS YELAHANKA TALUK OFFICE OF THE TAHASILDAR YELAHANKA BENGALURU-560 064 …RESPONDENTS (BY SRI.H.K.KENCHE GOWDA, AGA FOR R.1, R.4, R.5 AND R.6; SRI.KRISHNA, ADVOCATE FOR R.2 AND R.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IF NECESSARY AND ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER - 3 - HC-KAR NC: 2025:KHC:24386 WP No. 16886 of 2025 OR DIRECTION, DIRECTING THE RESPONDENT NO.4 TO ISSUE CLARIFICATION TO THE 3RD RESPONDENT AS REQUIRED BY THEM VIDE LETTER DATED 28.08.2024 AS ANNEXURE-E, CONSIDERING THE APPLICATION GIVEN BY THE PETITIONER DATED 10.09.2024 AT ANNEXURE-G SEEKING CLARIFICATION WITHIN A TIME FRAME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed alleging inaction on the part of respondent No.4 - Deputy Commissioner in not submitting a report addressed to respondent No.3 relating to the existence of pathway in the petition land. 2. Heard learned counsel appearing for the petitioner, learned counsel for respondent Nos.2 and 3 and learned AGA appearing for respondent Nos.4 to 6. - 4 - HC-KAR NC: 2025:KHC:24386 WP No. 16886 of 2025 3. The petitioner claims to be a joint owner of agricultural land bearing Survey No.274/1, measuring 2 acres and 2 guntas, and land bearing Survey No.274/2, measuring 1 acre and 27 guntas, situated in Bagalur Village, Jala Hobli, Yelahanka Taluk, Bengaluru Urban District. It is asserted that the said properties have been acquired by the petitioner through ancestral inheritance. With an intention to convert the aforesaid lands for commercial use, the petitioner, along with other co-owners, submitted an application on 09.03.2023 to respondent No.2, seeking change of land use in respect of the aforementioned lands. 4. The records indicate that, upon receipt of the said application, respondent No.3 – the Town Planning Member addressed a communication to respondent No.4 – the Deputy Commissioner requesting a spot inspection and a report regarding the existence of a pathway within the said survey numbers. - 5 - HC-KAR NC: 2025:KHC:24386 WP No. 16886 of 2025 5. Pursuant to this, respondent No.4 – the Deputy Commissioner directed respondent No.5 – the Tahsildar to conduct an enquiry and submit a report. In compliance with these directions, respondent No.5 conducted the requisite enquiry and submitted his report to respondent No.4. However, it is regrettable to note that respondent No.4 – the Deputy Commissioner has exhibited complete inaction and indifference thereafter, failing to take any further steps on the matter despite receipt of the Tahsildar’s report. 6. The report submitted by respondent No.5 – the Tahsildar clearly establishes the existence of a pathway in Survey No.274/1, measuring 2 acres and 2 guntas. The said report dated 03.03.2025 was prepared pursuant to the direction issued by respondent No.4 – the Deputy Commissioner and submitted for his consideration. However, despite receiving the said report, respondent No.4 has failed to forward or communicate the same to respondent No.3 – the Town Planning Member, who is the - 6 - HC-KAR NC: 2025:KHC:24386 WP No. 16886 of 2025 competent authority to consider the petitioner’s request for change of land use under Section 14-A of the Karnataka Town and Country Planning Act, 1961. 7. This inaction and delay on the part of respondent No.4 amounts to gross administrative indifference and constitutes a clear dereliction of duty. The failure of respondent No.4 to discharge his obligation has caused serious prejudice to the petitioner's right to seek conversion of land use, which is statutorily recognized under the Act. Once the Tahsildar, on proper enquiry, has confirmed the existence of a pathway, it becomes the bounden duty of respondent No.4 – the Deputy Commissioner to submit a report to the Town Planning Member, so as to facilitate further action in accordance with law. 8. The deliberate inaction on the part of respondent No.4, despite availability of a conclusive report, frustrates the petitioners’ legitimate claim and statutory right. - 7 - HC-KAR NC: 2025:KHC:24386 WP No. 16886 of 2025 In such circumstances, this Court is of the considered view that issuance of a writ of mandamus is warranted to compel the statutory authority to perform its duty within a reasonable time frame and without any further delay. 9. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.4 – Deputy Commissioner is hereby directed to take cognizance of the spot inspection report submitted by respondent No.5 – Tahsildar dated 03.03.2025 (Annexure–J), which clearly indicates the existence of a pathway in Survey No. 274/1. (iii) Respondent No.4 – Deputy Commissioner shall, within a period of two weeks from the date of receipt of this order, submit a detailed report based on the Tahsildar’s findings to respondent No.3 - 8 - HC-KAR NC: 2025:KHC:24386 WP No. 16886 of 2025 – Town Planning Member for further necessary action. (iv) Upon receipt of the report, respondent No.3 – Town Planning Member shall consider the petitioners' application for change of land use strictly in accordance with Section 14-A of the Karnataka Town and Country Planning Act, 1961 and pass appropriate orders within a period of eight weeks from the date of receipt of the Deputy Commissioner’s report. (v) No order as to costs. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 18