- 1 - HC-KAR NC: 2025:KHC:41854 WP No. 23977 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 23977 OF 2025 (LB-BMP) BETWEEN: SRI. B. R. SRIDHARAN. AGED ABOUT 54 YEARS, S/O. SRI. B.K. RAMA MURTHY, R/O. NO. 22, GANESH TEMPLE STREET NEAR GOVT SCHOOL, OLD BYAPPANAHALLI, MARUTHI SEVANAGAR, BANGALORE-560 033. …PETITIONER (BY SRI. SURESH BABU RAJ D., ADVOCATE) AND: 1. THE ASSISTANT DIRECTOR (TOWN PLANNING) BRUHAT BANGALORE MAHANAGAR PALIKE, EAST ZONE, 22ND FLOOR, SUBHASH CHANDRA BOSE BUILDING, M.G. ROAD, BENGALURU-560 001 2. THE EXECUTIVE ENGINEER BBMP - WORKS DEPARTMENT KASTHURI NAGAR, BANGALORE - 560043 …RESPONDENTS (BY SRI.B.S.KARTHIKEYAN, ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 TO GRANT A Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41854 WP No. 23977 of 2025 SANCTION PLAN AND BUILDING LICENSE AND TO CONSIDER THE REPRESENTATION GIVEN BY PETITIONER AS PER ANNEXURE - H. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for writ in the nature of mandamus to direct respondent No.2 to sanction a plan and issue building licence as per his representation (Annexrure – H). 2. (i) The petitioner contends that he is the owner of the property bearing No.22, situated near Government School Road, Ganesh Temple Street, Old Byappanahalli, M.S.Nagar Post, Bengaluru-33. He contends that the house existing on the aforesaid property is in a dilapidated condition and the walls have collapsed. He claims that he intended to put up construction over the aforesaid property and therefore approached the authority for sanction of a plan and for licence to construct a building. The said request was not considered as the property of the petitioner was assessed and recorded in B- Khatha register. - 3 - HC-KAR NC: 2025:KHC:41854 WP No. 23977 of 2025 (ii) He claims that he again approached respondent No.2 requesting him to permit him to put up construction and submitted a representation through RPAD, which returned unserved. He thereafter again approached the respondent No.2 and submitted a representation dated 21.07.2025 requesting permission for construction of a building, which was not considered. The petitioner is therefore before this Court seeking for a direction to the respondent No.2 to sanction a plan and issue a license for putting up construction. 3. The learned counsel for the petitioner contends that the building is in a dilapidated condition and the walls have collapsed and therefore, it is necessary that the petitioner is granted permission to put up construction. 4. The petition is however opposed by the learned counsel for the respondents, who contend that the property of the petitioner is assessed and entered in the ‘B’ register and the State Government has taken a policy decision to upgrade all B-Khatha properties to A-Khatha. He contends that once the petitioner makes a request, the same would be considered and the Khatha would be upgraded to A-Khatha and steps would be - 4 - HC-KAR NC: 2025:KHC:41854 WP No. 23977 of 2025 taken for sanction of the plan if the petitioner files a prescribed application along with the necessary documents and pay the fee. 5. As rightly contended by the learned counsel for the respondent No.2, the property of the petitioner is entered in a ‘B’ register, which indicates that the formation of the site where the petitioner has put up construction is not in accordance with law. Now that the State Government has taken a policy decision to upgrade all these properties and regularize them and issue Khatha, it is appropriate that the petitioner is directed to approach the respondents with a request to upgrade the Khatha of the property. If an application is filed by the petitioner within one month from the date of receipt of a copy of this order, the concerned officer of BBMP/GBA shall take appropriate decision to upgrade the Khatha of the petitioner's property within three months thereafter. Once the petitioner obtains A-Khatha, he is at liberty to file an appropriate application along with prescribed documents for sanction of a plan and license. If a request is made, the appropriate authority shall consider the same in accordance with law, which - 5 - HC-KAR NC: 2025:KHC:41854 WP No. 23977 of 2025 at any rate shall not be beyond three months from the date of the application. 6. Accordingly, this writ petition is disposed off on the above terms. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 22