- 1 - HC-KAR NC: 2025:KHC:30910 WP No. 13174 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.13174 OF 2024 (LB-RES) BETWEEN: 1. NAYANA K K W/O RAMESHA AGED ABOUT 38 YEARS R/AT #05, NEAR THIRUMALESHWARA TEMPLE KANNASANDRA, MAGADI TALUK RAMANAGAR DISTRICT-562 127. …PETITIONER (BY SRI. N KUMAR, ADVOCATE) AND: 1. TUMAKURU CITY CORPORATION TUMAKURU - 572 101 BY ITS COMMISIONER. 2. THE ADDITIONAL DIRECTOR TOWN PLANNING TUMAKURU CITY CORPORATION TUMAKURU - 572 101. 3. COMMISSIONER TUMAKURU URBAN DEVELOPMENT CORPORATION TUMAKUR. [RESPONDENT NO.3 IMPLEADED VIDE COURT ORDER DATED 07.01.2025] …RESPONDENTS (BY SMT. SAKSHI M. KRISHNA, ADVOCATE FOR SRI R. SUBRAMANYA, ADVOCATE FOR R.1 AND R.2; Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30910 WP No. 13174 of 2024 SRI T.P. VIVEKANANDA, ADVOCATE FOR R.3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED DOWNLOADED REJECTION ORDER BEARING NO.TMK-LBPAS-21115/23-24/BP DATED NIL ISSUED BY THE RESPONDENTS AT ANNEXURE-N., 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. Respondent No.3 granted necessary approval for development of 10 guntas of land as a single unit in Survey No.40/4 situated in Maraluru Village, Kasaba Hobli, Tumakuru Taluk and another 10 guntas of land as a single unit in Survey No.40/6 of the same village. A single person got the necessary permission in respect of both the lands. Subsequently, instead of developing the said lands as two single units, they have been amalgamated and a - 3 - HC-KAR NC: 2025:KHC:30910 WP No. 13174 of 2024 portion of the land measuring 31' X 50' is said to have been sold in favour of the petitioner herein. The petitioner thereafter has applied for sanction of building plan with respondent Nos.1 and 2. The said plan sanction has been rejected on the ground that there is no approval for creation of a site measuring 31' X 50' in Survey Nos.40/4 and 40/6. Aggrieved by the same, the present writ petition is filed. 2. Irrespective of the plan sanction, a person is entitled to sell a portion of his property in favour of third parties. However, the person who has purchased a portion of the property can develop the same only subject to the plan sanction. In the instant case, admittedly, the approval was granted to the lands in Survey Nos.40/4 and 40/6 as two single dwelling units. The subsequent owner has sold a portion of the property in favour of the petitioner herein. No doubt, the petitioner becomes the owner of the said property but he can develop the same only as per the approval granted. In this case, a single plot approval has - 4 - HC-KAR NC: 2025:KHC:30910 WP No. 13174 of 2024 been granted in respect of the lands in Survey Nos.40/4 and 40/6. If the petitioner requires any other type of approval, she is required to, along with the other owners/occupants of Survey Nos.40/4 and 40/6 make necessary application to respondent No.3. Upon receipt of such a representation, respondent No.3 is bound to consider the same in accordance with law and pass appropriate orders. Only after the land of the petitioner (i.e., 31' X 50') is bifurcated and approval is granted, then she can insist upon sanctioned plan and licence to construct a building thereon from respondent Nos.1 and 2. For the aforementioned reasons, I do not see any error on part of respondent Nos.1 and 2 in refusing the permission to the petitioner. 3. The writ petition is hereby dismissed reserving the liberty to the petitioner along with such other persons to approach respondent No.3 as observed in para 2 supra and after obtaining necessary approval for bifurcation of her plot, she can approach respondent Nos.1 and 2 for - 5 - HC-KAR NC: 2025:KHC:30910 WP No. 13174 of 2024 plan sanction and respondent Nos.1 and 2 shall consider the same in accordance with law. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 88