- 1 - HC-KAR NC: 2026:KHC:4468-DB RP No. 189 of 2025 C/W RP No. 203 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND REVIEW PETITION NO. 189 OF 2025 C/W REVIEW PETITION NO. 203 OF 2025 R.P.NO.189/2025 BETWEEN: THE METROPOLITAN COMMISSIONER BENGALURU METROPOLITAN REGION AT DEVELOPMENT AUTHORITY (BMRDA) NO.1, ALI ASKAR ROAD, LRDE BUILDING BENGALURU- 560 052. ...PETITIONER (BY SRI. RAMESH K R, ADV.) AND: 1 . STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU- 560 001. 2 . SRI. VENKATA DURGA PRASAD KUNCHALA, S/O. LATE R. RAMAIAH, AGED ABOUT 57 YEARS, WORKING AS JOINT DIRECTOR Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4468-DB RP No. 189 of 2025 C/W RP No. 203 of 2025 CUM MEMBER SECRETARY, SATELLITE TOWN RING ROAD PLANNING AUTHORITY (STRRPA), NO.1, ALI ASKAR ROAD, LRDE BUILDING, BENGALURU 560 052. PRESENTLY WORKING AS- JOINT DIRECTOR, BENGALURU METROPOLITAN TASK FORCE (BMTF), R/AT NO.601/1, 2ND MAIN, 2ND CROSS, BEML LAYOUT, 3RD STAGE, RAJARAJESHWARI NAGAR, BENGALURU 560 098. …RESPONDENTS (BY SRI.VIKAS ROJIPURA, AGA FOR R1 SRI P.S. RAJGOPAL, SR. ADV. FOR SRI A VISHWANAT BHAT, ADV. FOR R2) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SEC.114 OF CPC, PRAYING TO REVIEW THE ORDER DATED 24.03.2025 PASSED BY THIS COURT IN WP NO.1596 OF 2025 IN THE INTEREST OF JUSTICE AND EQUITY. R.P.NO.203/2025 BETWEEN: STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU- 560 001. ...PETITIONER (BY SRI.VIKAS ROJIPURA, AGA) - 3 - HC-KAR NC: 2026:KHC:4468-DB RP No. 189 of 2025 C/W RP No. 203 of 2025 AND: 1 . THE METROPOLITAN COMMISSIONER BENGALURU METROPOLITAN REGION AT DEVELOPMENT AUTHORITY (BMRDA) NO.1, ALI ASKAR ROAD, LRDE BUILDING BENGALURU- 560 052. 2 . SRI. VENKATA DURGA PRASAD KUNCHALA, S/O. LATE R. RAMAIAH, AGED ABOUT 57 YEARS, WORKING AS JOINT DIRECTOR CUM MEMBER SECRETARY, SATELLITE TOWN RING ROAD PLANNING AUTHORITY (STRRPA), NO.1, ALI ASKAR ROAD, LRDE BUILDING, BENGALURU 560 052. …RESPONDENTS (BY SRI. RAMESH K R, ADV. FOR R1 SRI P.S. RAJGOPAL, SR. ADV. FOR SRI A VISHWANAT BHAT, ADV. FOR R2) THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER RULE 47 RULE 1 OF CPC 1908, PRAYING TO REVIEW THE ORDER DATED 24.03.2025 PASSED BY THIS COURT IN WP NO.1596/2025 (S-KSAT) C/W WP NO.4805/2025 (S-KSAT) IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND - 4 - HC-KAR NC: 2026:KHC:4468-DB RP No. 189 of 2025 C/W RP No. 203 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The above review petitions are by State Authorities of Urban Development Department as well as by Bengaluru Metropolitan Regional Development Authority (BMRDA) who were respondents before the learned Single Judge praying to review the order dated 24.03.2025 in W.P.No.1596/2025 c/w. W.P.No.4805/2025 wherein this Court had passed the following: “ORDER (i) The Writ Petitions are allowed. (ii) The impugned order dated 27.01.2025 in application No.5388/2024 on the file of KSAT, Bengaluru, is set aside. Likewise, the impugned orders dated 13.01.2024 passed by the Karnataka State Administrative Tribunal in application No.5134/2024 and 5388/2024 are set aside. The application Nos.5134/2024 and 5388/2024 are favoured. (iii) The order dated 08.11.2024 issued by the second respondent is declared as ultra virus - 5 - HC-KAR NC: 2026:KHC:4468-DB RP No. 189 of 2025 C/W RP No. 203 of 2025 and without any legal effect and therefore quashed. (iv) Consequentially, the respondents are directed to continue/reinstate the petitioner forthwith as Joint Director-cum-Member Secretary of STRRPA and permit him to complete full tenure of 3 years from the original date of his appointment. (v) Costs made easy.” 2. Heard learned Advocate General Sri.Shashikiran Shetty along with learned Additional Government Advocate Sri.Vikas Rojipura for petitioner-State, learned counsel Sri.K.R.Ramesh for BMRDA, learned senior counsel Sri.P.S.Rajagopal for Sri.A.Vishwanath Bhat, learned counsel for respondent No.2. Perused the entire petition papers. 3. In the above review petitions, though several grounds are urged on both the sides including whether the impugned notification dated 22.11.2024 posting the petitioner as Joint Director of Town and Country Planning at Bengaluru Mahanagara Task Force, Bengaluru while the - 6 - HC-KAR NC: 2026:KHC:4468-DB RP No. 189 of 2025 C/W RP No. 203 of 2025 respondent was working as Joint Director of Town Planning and Member Secretary, Satellite Town Ring Road Planning Authority (STRRPA) is in exercise of power of pleasure of the State in terms of Section 4D of the Karnataka Town and Country Planning Act, 1961 (for short, ‘1961 Act’). 4. However, on behalf of the State as well as BMRDA, submissions are made that since respondent No.2 is completing his tenure within another 15 days, it was prayed to clarify with regard to the tenure of three years as it is directed to continue respondent No.2 as Joint Director – cum - Member Secretary, STRRPA and permit him to complete full tenure of three years from the original date of appointment. 5. Admittedly, respondent No.2 was posted as Joint Director of Town Planning and Member Secretary, STRRPA under notification dated 17.02.2023 and in terms of Rule 4 of the Karnataka Planning Authority Rules, 1965 (for short, ‘1965 Rules’), the term of office of Chairman - 7 - HC-KAR NC: 2026:KHC:4468-DB RP No. 189 of 2025 C/W RP No. 203 of 2025 and Members of the Planning Authority shall be three years commencing from the date of their appointment. Section 4D of 1961 Act would state that the Chairman and Members of Planning Authority hold office during the pleasure of the State Government. Therefore, the direction issued under order dated 24.03.2025 in W.P.No.1596/2025 C/w. W.P.No.4805/2025 would mean that three years tenure would be subject to Section 4D of 1961 Act. In other words, the term of office as prescribed under Rule 4 of 1965 Rules would be subject to Section 4D of 1961 Act. 6. However, in the peculiar facts of the present case, since respondent No.2 would complete his tenure of three years within another 15 days, he shall not be disturbed during the said period. On completion of his tenure as three years, it is open for the State Government to pass appropriate order in accordance with law. - 8 - HC-KAR NC: 2026:KHC:4468-DB RP No. 189 of 2025 C/W RP No. 203 of 2025 7. With the above, both the review petitions stand disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K.V.ARAVIND) JUDGE NC CT: bms