- 1 - HC-KAR NC: 2026:KHC:12751 WP No. 4597 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.4597 OF 2020 (LB-RES) BETWEEN: 1. SMT. DR. D. HANUMAKKA W/O. D. DODDAVEERAPPA AGED ABOUT 72 YEARS, AND RESIDING AT "ARIVA NILAYA" 2ND MAIN ROAD, ASHOKNAGAR TUMKUR, KARNATAKA-572 103. …PETITIONER (BY SRI. N.S. SRIRAJ GOWDA, ADVOCATE FOR SRI. ABHINAY Y.T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA BENGALURU-560 001. 2. TUMAKURU CITY CORPORATION TOWNHALL, BHAGWAN MAHAVEERA ROAD, NEAR RAILWAY STATION ROAD GANDHINAGAR Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12751 WP No. 4597 of 2020 TUMAKURU-572 102 REPRESENTED BY ITS COMMISSONER. 3. TUMAKUR URBAN DEVELOPMENT AUTHORITY BELAGUMBA ROAD, KUVEMPU NAGAR, TUMAKURU-572 101 REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPPA, AGA., FOR R.1; SMT. SAKSHI M. KRISHNA, ADVOCATE FOR R.2; SRI. T.P. VIVEKANANDA, ADVOCATE FOR R.3.) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 09.10.2019 BEARING NO.TPA/HBL/CR-0025/2019-20 (ANNEXURE-G) ISSUED BY THE RESPONDENT NO.2, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:12751 WP No. 4597 of 2020 ORAL ORDER 1. The petitioner had requested respondent No.2 to permit the use of her property for construction of a Kalyana Mantapa. The same has been rejected on the ground that the property of the petitioner is situated in an industrial zone and the activity requested by the petitioner can be carried out only in a commercial zone. Aggrieved by the same, the present writ petition is filed with a prayer to set aside the impugned order passed by respondent no.2 and also direct respondent no.2 to consider the request of the petitioner favourably. 2. The case of the petitioner is that her property falls within the industrial zone. However, as per the master plan issued for the Tumkur Local Planning Area, commercial activities are permitted in the industrial zone, more so, the construction of a Kalyana Mantap. Attention of the court is drawn to the uses permitted in the commercial zone and the industrial zone as per the master plan. 3. Learned counsel for the respondents does not dispute the fact that the property of the petitioner is situated in an industrial zone within the territorial jurisdiction of respondent - 4 - HC-KAR NC: 2026:KHC:12751 WP No. 4597 of 2020 no.2. However, they submit that a commercial activity in the nature of construction of a Kalyana Mantapa cannot be permitted in an industrial zone. 4. As per the master plan, the uses permitted in the properties situated in the commercial zone and the industrial zone are as follows:- "2. COMMERCIAL ZONE a. Uses permitted under normal circumstances: (i) All uses permitted in Residential zone under normal and special circumstances (ii) All commercial and business uses including all shops, stores, markets except meat and fish, shopping centers, shopping malls and uses connected with the display and sale of merchandise either whole sale or retail and storage incidental to the sale of the same (iii) Fuel filling stations (iv) Corporate offices, professional service facilities, software offices, offices of commercial undertakings and companies (v) Hotels, Restaurants, lodges, service apartments, cinema theaters, multiplex, - 5 - HC-KAR NC: 2026:KHC:12751 WP No. 4597 of 2020 community halls, convention centres, kalyana mantapas, banks, clubs (vi) Hospitals and Educational institutions subject to space standards given in the Table-1 (vii) Places of amusement or assembly, advertising signs conforming to relevant byelaws. (viii) All uses specified under the definition 'civil amenity' b. Permissible under special circumstances by the Authority: (i) Automobile workshops & Garages, Truck terminals, Weigh bridges (ii) Meat and Fish markets (iii) Cold storage, Storage of inflammable materials, (iv) Industries as per the list given in Schedule-I. 3. INDUSTRIAL ZONE (i) All industries and related activities subject to clearance from the Karnataka State Pollution Control Board. (ii) Storage for industry (iii) Public utilities and related buildings, logistics, Stock yards, Sports and - 6 - HC-KAR NC: 2026:KHC:12751 WP No. 4597 of 2020 recreational uses. Bus and Truck terminals (iv) All uses permitted and uses permitted under special circumstances in the Commercial use zone." 5. A bare reading of clause 3(iv) contemplates that in an industrial zone, all uses permitted in the commercial zone and uses permitted under special circumstances in commercial zone are permitted to be carried out in the industrial zone. A Kalyana Mantapa is one such activity. 6. For the aforementioned reasons, the writ petition is hereby allowed. The impugned endorsement dated 9.10.2019 issued by respondent No.2 vide Annexure-'G' to the writ petition is set aside. A direction is issued to respondent no.2 to approve the request of the petitioner for construction of a Kalyana Mantapa in accordance with law. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 43