- 1 - HC-KAR NC: 2025:KHC:27773 WP No. 17738 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. 17738 OF 2025 (LA-BDA) BETWEEN: 1. MR. GANESH RAO B.T. S/O THUKARAM RAO, AGED ABOUT 46 YEARS, R/A NO.207, EWS 6TH MAIN, NEAR KALIKAMBA TEMPLE, KENGERI SATELLITE TOWN, BENGALURU - 560 060. …PETITIONER (BY SRI. NISHANTH A.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGAR, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. BANGALROE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T CHOWDAIAH ROAD, BENGALURU 560 002. REPRESENTED BY ITS COMMISSIONER. 3. ADDITIONAL SPECIAL LAND ACQUSITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, OFFICE AT NO.14/3, 1ST FLOOR, MAHARSHI ARAVIND BHAVAN, NRUPATUNGA ROAD, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27773 WP No. 17738 of 2025 AMBEDKAR VEEDHI, SAMPANGI RAMA NAGAR, BENGALURU - 560 001. …RESPONDENTS (BY SMT. RASHMI RAO, HCGP FOR R1; SRI. AJAY KUMAR M., ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, SETTING ASIDE THE COMMUNICATION DATED 17.05.2025, BEARING NO. BEMAPRA/ NAYOSA/PRL-329/2024-25/713/2025-26, MADE BY THE 2ND RESPONDENT-BANGALORE DEVELOPMENT AUTHORITY, VIDE ANNEXURE-Q AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question a communication dated 17.05.2025 passed by the respondent No.2-BDA, who declined to accept the representation of the petitioner seeking sanction of a plan for construction of a residential building in the subject property. 2. Heard Sri.Nishanth A.V., learned counsel appearing for the petitioner, Smt.Rashmi Rao, learned High Court Government Pleader appearing for respondent No.1, Sri.Ajay - 3 - HC-KAR NC: 2025:KHC:27773 WP No. 17738 of 2025 Kumar M, learned counsel appearing for respondent Nos.2 and 3 and have perused the material on record. 3. Learned counsel Sri.Nishanth A.V., appearing for the petitioner submits that the BDA has sought to reject the application for sanction of plan on the score that the subject property may be required at a future point in time. Learned counsel submits that the application of the petitioner seeking plan sanction is kept in abeyance on the score that the land may become necessary to be acquired at a later point in time for formation of the layout. The learned counsel further submits that on such reasons, this Court has quashed those reasons and directed consideration of those cases of the respective petitioners, in accordance with law. 4. Learned counsel Sri.Ajay Kumar M, appearing for respondent Nos.2 and 3 would submit that if reasonable time is granted, the application of the petitioner for sanction of plan would be considered in accordance with law and necessary orders would be passed. - 4 - HC-KAR NC: 2025:KHC:27773 WP No. 17738 of 2025 5. Therefore, I deem it appropriate to dispose the petition with a direction to the respondent-BDA to consider the application of the petitioner seeking sanction of plan to construct a residential building strictly in consonance with law bearing in mind the law laid down by the Coordinate Benches of this Court. The application shall merit consideration within an outer limit of 12 weeks from the date of receipt of the copy of the order. 6. As a matter of form, the impugned communication stands quashed in the light of the aforesaid reasons. Ordered accordingly and petition stands disposed. SD/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 103