SRI.L.M.VASUDEVA MURTHY v. THE ADDITIONAL CHIEF SECRETARY
WP/26961/2025 · 2025-10-15
K S Hemalekha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87790 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87790 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41034 WP No. 26961 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 26961 OF 2025 (BDA)
BETWEEN:
SRI. L.M. VASUDEVA MURTHY S/O MUNISHAMAIAH L.A AGED ABOUT 54 YEARS R/O LINGANAHALLIL, HESARAGHATTA HOBLI, YELAHANKA TALUK BENGALURU - 560 089.
…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 KUMAR PARK WEST, T. CHOWDAIAH ROAD, BENGALURU - 560 020, REPTD. BY ITS COMMISSIONER.
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:41034 WP No. 26961 of 2025
3.
THE TOWN PLANNING MEMBER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, BENGALURU - 560 020.
…RESPONDENTS
(BY SRI. HARISHA A.S, AGA FOR R1;
SRI. VENKATESHA C, ADVOCATE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) CALL FOR RECORDS, IF NECESSARY, (B) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE RESPONDENT NO.1 TO 3 TO PASS APPROPRIATE ORDERS, CONSIDERING THE APPLICATION GIVEN BY THE PETITIONER DATED 05.06.2025 AT ANNEXURE- D SEEKING CHANGE OF LAND USE OF HIS AGRICULTURAL LAND BEARING SY.NO.29/2 TO AN EXTENT OF 28 GUNTAS, OF MUTHAGADAHALLI, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU URBAN DISTRICT 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
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HC-KAR NC: 2025:KHC:41034 WP No. 26961 of 2025
ORAL ORDER Learned Additional 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 05.06.2025 at Annexure-D submitted by the petitioner seeking change of land use of his agricultural land bearing Sy.No.29/2 to an extent of 28 Guntas of Muthagadahalli, Hesaraghatta Hobli, Yelahanka Taluk, Bengaluru Urban District, to residential purpose within a time frame.
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 release Deed dated 27.08.2021. It is submitted that despite having filed an application before respondent No.3 for change of land use, the said application has not been
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HC-KAR NC: 2025:KHC:41034 WP No. 26961 of 2025
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.
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:
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HC-KAR NC: 2025:KHC:41034 WP No. 26961 of 2025
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 05.06.2025, 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
VS List No.: 1 Sl No.: 14 CT: BHK