SRI L M JAGADISH v. THE ADDITIONAL CHIEF SECRETARY
WP/16110/2025 · 2025-07-22
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55901 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55901 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:27730 WP No. 16110 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16110 OF 2025 (BDA) BETWEEN:
SRI. L.M. JAGADISH, S/O. MUNISHAMAIAH L.A.
AGED ABOUT 60 YEARS, R/O. LINGANAHALLI, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU - 560 089. …PETITIONER (BY SRI. K.N. SUNIL, ADVOCATE FOR SRI. K.R. RAMESH, 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, REPRESENTED BY ITS COMMISSIONER.
3.
THE TOWN PLANNING MEMBER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD,
Digitally signed by NAGAVENI Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:27730 WP No. 16110 of 2025
BENGALURU - 560 020. …RESPONDENTS (BY SMT. RASHMI RAO, HCGP FOR R1;
SRI. MURUGESH V. CHARATI, ADVOCATE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- CALL FOR RECORDS, IF NECESSARY, DIRECT THE R 1 TO 3 TO PASS APPROPRIATE ORDERS CONSIDERING THE APPLICATION GIVEN BY THE PETITIONER DATED 13.03.2025 AT ANNEXURE- D SEEKING CHANGE OF LAND USE OF THEIR AGRICULTURAL LAND BEARING SY. NO. 23/4 TO AN EXTENT OF 36 1/2 GUNTAS AND THE LAND BEARING SY. NO. 28/1 TO AND EXTENT OF 2 ACRE 17 GUNTAS IN ALL 3 ACRES 13 1/2 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 MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER The Petitioner is before this Court seeking the following prayers:
"(a) Call for records, if necessary,
(b) Issue a writ of mandamus or any other appropriate writ or order or direction, directing the respondent
- 3 -
HC-KAR NC: 2025:KHC:27730 WP No. 16110 of 2025
No.1 to 3 to pass appropriate orders, considering the application given by the petitioner dated 13.03.2025 at Annexure -D seeking change of land use of their agricultural land bearing Sy.No.23/4 to an extent of 36 1/2 guntas and the land bearing Sy.No.28/1 to an extent of 2 acre 17 guntas, in all 3 acres 13 1/2 guntas of Muthagadahalli, Hesaraghatta Hobli, Yelahanka Taluk, Bengaluru Urban District within a time frame; and
(c) Grant such other relief or reliefs as this Hon'ble court deems fit in the facts and circumstances of the case, in the interest of justice."
2. Heard Shri K.N. Sunil, learned counsel for Shri K.R. Ramesh,
learned counsel appearing for the petitioner; Smt. Rashmi Rao, learned High Court Government Pleader appearing for respondent No.1 and Shri Murugesh V. Charati,
learned counsel appearing for respondents No.2 and 3.
3. The petitioner is said to have acquired the land bearing Sy.No.23/4 to the extent of 36.5 guntas as averred in the petition. The petitioner then submits an application to respondent No.3 seeking change of land use on 13.03.2025. The said application is pending consideration at the hands of respondent No.3. The non
consideration of the said representation is what has driven the petitioner to this Court in the subject petition.
- 4 -
HC-KAR NC: 2025:KHC:27730 WP No. 16110 of 2025
4. Shri Murugesh V. Charati,
learned counsel appearing for respondents No.2 and 3 would submit that if reasonable time is granted, the application of the petitioner would meet its consideration in accordance with law and appropriate orders would be passed, thereon.
5. In the light of the said submission, without going into the merit of the matter, I deem it appropriate to dispose of the petition directing respondent No.3 in particular, to pass necessary orders on the application so submitted by the petitioner on 13.03.2025, within an outer limit of twelve weeks and communicate the decision so taken to the petitioner.
Ordered accordingly.
SD/- (M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 31 CT: BHK