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2025 DAILYLAW 81895 (KAR)

SMT. VIJAYALAKSHMI v. THE ADDITIONAL CHIEF SECRETARY

WP/28506/2025 · 2025-10-09

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39840 WP No. 28506 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 28506 OF 2025 (BDA) BETWEEN: SMT. VIJAYALAKSHMI W/O. DR.PARAMESH S AGED ABOUT 54 YEARS R/AT NO.232, 2ND A CROSS NEXT TO BDA PARK, HRBR LAYOUT 3RD BLOCK, BENGALURU 560 043. …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. HARISH A S AGA, FOR R1: SRI VASANTHA, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECT THE RESPONDENT NO.1 TO 3 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39840 WP No. 28506 of 2025 TO PASS APPROPRIATE ORDERS, CONSIDERING THE APPLICATION GIVEN BY THE PETITIONER DATED 13.06.2025 AT ANNEXURE-D SEEKING CHANGE OF LAND USE OF THEIR AGRICULTURAL LAND BEARING SY.NO.30/14 TO AN EXTENT OF 0.07.12 GUNTAS OF KANNUR VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, WITHIN A TIME FRAME AND ETC. 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 Vasanth, learned counsel is directed to take notice for respondent Nos.2 and 3. 3. The petitioner in this petition is seeking for a writ of mandamus directing respondents to consider the application dated 13.06.2025 at Annexure-D submitted by the petitioner seeking change of land use of her agricultural land bearing Sy.No.30/14 to an extent of 0.07.12 Guntas of Kannur Village, Bidarahalli Hobli, Bengaluru East Taluk within a time frame. - 3 - HC-KAR NC: 2025:KHC:39840 WP No. 28506 of 2025 4. Learned counsel for the petitioner submits that the petitioner is the absolute owner of the schedule property, having acquired the same under the registered Gift Deed dated 26.10.2021. 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, thereby compelling the petitioner to approach this Court in this writ petition. 5. Per contra, the learned counsel for respondent Nos.2 and 3 submits that the representation/application will be considered within a reasonable period 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 six months for compliance with statutory formalities, and therefore, a reasonable time be granted. 6. The submission is recorded. - 4 - HC-KAR NC: 2025:KHC:39840 WP No. 28506 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-D dated 13.06.2025, strictly in accordance with law and to take appropriate decision within an outer limit of three months from the date of receipt of a certified copy of this order. Sd/- ____________________ JUSTICE K.S. HEMALEKHA HA LIST NO.: 1 SL NO.: 20