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2025 DAILYLAW 75528 (KAR)

SRI S C SHARMA v. THE ADDITIONAL CHIEF SECRETARY

WP/27867/2025 · 2025-10-25

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42302 WP No. 27867 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 27867 OF 2025 (BDA) BETWEEN: SRI S C SHARMA S/O. LATE.Y.M.S.SHARMA, AGED ABOUT 66 YEARS, R/O.NO-171, 6TH CROSS ROAD, GANDHINAGARA, BENGALURU 560 009. …PETITIONER (BY SRI. RAMESH K R, 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 REPTD. BY ITS COMMISSIONER. 3. THE TOWN PLANNING MEMBER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU-560 020. …RESPONDENTS (BY SRI.HARISHA.A.S, AGA FOR R1; SRI.VASANTHA, ADVOCATE FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.1 TO 3 TO PASS APPROPRIATE ORDERS, CONSIDERING THE APPLICATION GIVEN BY THE PETITIONER Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42302 WP No. 27867 of 2025 DATED 11.07.2025 AT ANNEXURE-H SEEKING CHANGE OF LAND USE OF HIS AGRICULTURAL LAND BEARING SY.NO.26/6 TO AN EXTENT OF 1 ACRE OF AGARA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH 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 MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Addl. Government Advocate accepts notice for respondent No.1. 2. Sri Vasantha, learned counsel is directed to take notice for respondent Nos.2 and 3. 3. The petitioner seeks for a writ of mandamus directing the respondents to consider the application dated 11.07.2025 at Annexure-H, seeking change of land use of his agricultural land bearing Sy.No.26/6 to an extent of 01 acre, situated at Agara Village, Kengeri Hobli, Bengaluru South Taluk, for residential purposes, within a time frame. 4. Learned counsel for the petitioner submits that the petitioner’s father had purchased the schedule property - 3 - HC-KAR NC: 2025:KHC:42302 WP No. 27867 of 2025 under a registered Sale Deed dated 10.03.2006. Subsequently, on 22.10.2017, the petitioner’s father died, and the revenue records now stand in the name of the petitioner, who is the sole legal heir. It is submitted that despite filing an application before respondent No.2 seeking change of land use, the said application has not been considered, thereby compelling the petitioner to approach this Court. 5. Per contra, the learned counsel for respondent Nos.2 and 3 submits that the petitioner’s representation/application will be considered within a reasonable time and that the 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 about six months for compliance with statutory formalities, and therefore, a reasonable time may be granted. 6. The submission is recorded. - 4 - HC-KAR NC: 2025:KHC:42302 WP No. 27867 of 2025 7. In view of the above, the grievance of the petitioner would be sufficiently redressed if respondent Nos.2 and 3 are directed to consider the petitioner’s representation/application. Accordingly, this Court pass the following: ORDER 1) The writ petition is allowed. 2) Respondent Nos.2 and 3 are directed to consider the petitioner’s representation/application at Annexure-H dated 11.07.2025, strictly in accordance with law and to take appropriate decision within an outer limit of three months from the date of receipt of the copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA HA List No.: 1 Sl No.: 8