- 1 - HC-KAR NC: 2026:KHC:16262 WP No. 16320 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.16320 OF 2024 (LB-RES) BETWEEN: 1. SRI CHANNABASAVESHWARA SWAMY ENTERPRISES REG PARTNERSHIP UDAYARAVI, II MAIN ROAD, VINAYAKANAGARA, TUMKUR - 572 101 REPRESENTED BY ITS PARTNER. 2. SRI G C VIPIN CHANDRA S/O LATE SRI G H CHANDRASHEKARAIAH AGED ABOUT 52 YEARS R/AT VINAYAKANAGARA, TUMKUR - 572 102. …PETITIONERS (BY SRI. VIKYATH B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, ROOM NO.434, VIKASA SOUDHA, BANGALORE - 560 001. 2. TUMKUR CITY CORPORATION REPRESENTED BY ITS COMMISSIONER, TOWNHALL, BHAGWAN MAHAVEER RD, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16262 WP No. 16320 of 2024 GANDHI NAGAR, TUMAKURU - 572 102. 3. TUMKUR URBAN DEVELOPMENT AUTHORITY (TUDA) TOWN HALL, TUMKUR CITY-562 102 REP. BY TUDA COMMISSIONER. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA., FOR R.1; SRI. SUBRAMANYA R., ADVOCATE FOR R.2; SRI. T.P. VIVEKANANDA, ADVOCATE FOR R.3.) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO SET ASIDE THE ORDER PASSED IN TMK-LBPAS-20920/23-24/BP DATED 27/02/2024 AT ANNEXURE-F, ETC. THIS PETITION, COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The request of the petitioners to approve a plan for construction of a commercial building has been rejected by respondent no.2. Aggrieved by the same, the petitioners have filed the present writ petition. - 3 - HC-KAR NC: 2026:KHC:16262 WP No. 16320 of 2024 2. During the course of the proceedings, it is submitted by the counsel for the petitioners that they made a fresh application for issuance of a fresh khata, taking into consideration the relinquishment of certain portions of the property made by the petitioners towards road and conservancy purposes. It is further submitted that a fresh khata is issued in favour of the petitioners in respect of 2048.51 square meters of land. 3. Learned counsel for the petitioners submits that, in the light of the issuance of a fresh khata, the petitioners may be permitted to withdraw the writ petition, reserving liberty to make a fresh application to respondent No. 2 for sanction of a building plan. 4. Learned counsel for respondent no.2 submits that if such an application is made, the same will be considered in accordance with law and a decision will be taken on the same thereafter. Hence the following:- - 4 - HC-KAR NC: 2026:KHC:16262 WP No. 16320 of 2024 ORDER i. The writ petition stands dismissed as withdrawn. ii. It is needless to state that the petitioners are at liberty to approach respondent no.2 for sanction of a building plan, and upon such application being made, respondent no. 2 will consider the same in accordance with law. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 27