- 1 - HC-KAR NC: 2025:KHC:41447 WP No. 26909 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.26909 OF 2025 (BDA) BETWEEN: 1. SRI.K.P. NAGESH S/O LATE PILLANANJAPPA, AGED ABOUT 52 YEARS, 2. SMT. ANUSUYA DEVI S/O K.P. NAGESH, AGED ABOUT 48 YEARS, 3. KUM. NEHA .N D/O K.P. NAGESH, AGED ABOUT 24 YEARS, ALL ARE R/AT NO.234, SAMPIKE NILAYA, YALAHANKA ROAD, NEAR GOVERNMENT SCHOOL, KANNUR, BENGALURU-560077. …PETITIONERS (BY SRI RAMESH K.R., ADVOCATE) AND: 1. THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560001. 2. BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T.CHOWDAIAH ROAD, BENGALURU-560020 REPTD. BY ITS COMMISSIONER. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41447 WP No. 26909 of 2025 3. THE TOWN PLANNING MEMBER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU-560020. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI VASANTH, ADVOCATE FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS, IF NECESSARY; ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE RESPONDENT NOS.1 TO 3 TO PASS APPROPRIATE ORDERS, CONSIDERING THE APPLICATION GIVEN BY THE PETITIONERS DATED 06.06.2025 AT ANNEXURE-D SEEKING CHANGE OF LAND USE OF THEIR AGRICULTURAL LAND BEARING SY.NO.30/8 TO AN EXTENT OF 10.04 GUNTAS OF KANNUR VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, WITHIN A TIME FRAME. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri Vasant, learned counsel is directed to take notice for respondent Nos.2 and 3. 3. Heard learned counsel for the petitioners, learned AGA for respondent No.1 and learned counsel for respondent Nos.2 and 3. - 3 - HC-KAR NC: 2025:KHC:41447 WP No. 26909 of 2025 4. The petitioners in this petition are seeking for a writ of mandamus directing respondent Nos.1 to 3 to consider the application dated 06.06.2025 at Annexure-D submitted by the petitioners seeking change of land use of their agricultural land bearing Sy.No.30/8 to an extent of 10.04 guntas of Kannur Village, Bidarahalli Hobli, Bengaluru East Taluk, to residential purpose within a time frame. 5. Learned counsel for the petitioners submits that the petitioners are the absolute owners of the schedule property, having acquired the same under the registered Sale Deed dated 25.06.2024. It is submitted that despite having filed an application before respondent No.3 for change of land use, the said application has not been considered compelling the petitioners to approach this Court in this writ petition. 6. Per contra, learned counsel for respondent Nos.2 and 3 submits that the representation/application will be considered within a reasonable period and the - 4 - HC-KAR NC: 2025:KHC:41447 WP No. 26909 of 2025 procedure to be followed for change of land use is prescribed under Section 14A of the Karnataka Town and Country Planning Act, 1961 (‘Act’ for short). He further submits that the process generally requires six months for compliance with statutory formalities and therefore, a reasonable time be granted. 7. The submission is recorded. 8. In view of the above, the grievance of the petitioners would be sufficiently redressed if respondent Nos.2 and 3 are directed to consider the petitioners’ representation/application. Accordingly, this Court pass the following: ORDER i. The writ petition is allowed. ii. Respondent Nos.2 and 3 are directed to consider the petitioners’ representation/ application at Annexure-D dated 06.06.2025, strictly in accordance with law and to take appropriate decision within an - 5 - HC-KAR NC: 2025:KHC:41447 WP No. 26909 of 2025 outer limit of three months from the date of receipt of a certified copy of this order. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 17