Sri Channappa B M v. State of Karnataka
Case brief
What is this about?
Writ of mandamus; Deputy Commissioner Bengaluru Urban District inaction; Bangalore Development Authority; Town Planning Member; Tahasildar Yelahanka Taluk report dated 03.03.2025; existence of pathway; Survey No.274/1 (2 acres 2 guntas) and Survey No.274/2 (1 acre 27 guntas); Bagalur Village, Jala Hobli; change of land use application dated 09.03.2023; Section 14-A Karnataka Town and Country Planning Act, 1961; Articles 226 and 227 Constitution of India; gross administrative indifference; dereliction of duty; two-week deadline for Deputy Commissioner's report; eight-week deadline for Town Planning Member decision under S.14-A KTCP Act; petitioner Channappa B M; advocates K.N. Sunil, Ramesh K R, H.K. Kenche Gowda (AGA), Krishna.
What did the court decide?
Writ petition allowed. Respondent No.4 (Deputy Commissioner) directed to take cognizance of the spot inspection report of respondent No.5 (Tahasildar) dated 03.03.2025 (Annexure-J) indicating a pathway in Survey No.274/1, and to submit a detailed report based on the Tahasildar's findings to respondent No.3 (Town Planning Member) within two weeks of receipt of the order; respondent No.3, upon receipt, to consider the petitioner's change-of-land-use application in accordance with Section 14-A of the Karnataka Town and Country Planning Act, 1961 and pass appropriate orders within eight weeks of receipt of the Deputy Commissioner's report. No order as to costs.