Allowed¶48

Sri.L.M.Vasudeva Murthy v. the Additional Chief Secretary

Karnataka HC15 Oct 2025WP/26902/2025

Case brief

AI extract

What is this about?

Change of land use; Section 14A Karnataka Town and Country Planning Act 1961; Bangalore Development Authority; writ of mandamus to consider application dated 20.06.2025 (Annexure-D); Sy.No.62/3A, 26.08 guntas, Linganahalli, Hesaraghatta Hobli, Yelahanka Taluk, Bengaluru Urban District; direction to decide within three months; NC: 2025:KHC:41035; WP No. 26902 of 2025 (BDA); Justice K.S. Hemalekha; decided 15 October 2025.

What did the court decide?

Writ petition allowed; respondent Nos.2 and 3 directed to consider the petitioner's application at Annexure-D dated 20.06.2025 strictly in accordance with law and take an appropriate decision within an outer limit of three months from the date of receipt of a certified copy of the order. ¶48

Sri.L.M.Vasudeva Murthy Vs the Additional Chief… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the respondents to consider the petitioner's application dated 20.06.2025 (Annexure-D) seeking change of land use of his agricultural land bearing Sy.No.62/3A, extent 26.08 guntas, Linganahalli, Hesaraghatta Hobli, Yelahanka Taluk, Bengaluru Urban District, to residential purpose within a time frame.

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Court's answer

The petitioner's grievance would be sufficiently redressed if respondent Nos.2 and 3 are directed to consider the petitioner's representation/application; accordingly the writ petition is allowed.

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Ratio / Principle

Respondent Nos.2 and 3 are directed to consider the petitioner's representation/application at Annexure-D dated 20.06.2025 strictly in accordance with law and to take an appropriate decision within an outer limit of three months from the date of receipt of a certified copy of the order.

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Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India by the owner of agricultural land bearing Sy.No.62/3A, extent 26.08 guntas, Linganahalli, Hesaraghatta Hobli, Yelahanka Taluk, Bengaluru Urban District (acquired under a registered partition deed dated 01.10.2022), seeking a mandamus to direct the respondents to consider his application dated 20.06.2025 (Annexure-D) for change of land use to residential purpose, the procedure for which is prescribed under Section 14A of the Karnataka Town and Country Planning Act, 1961. Counsel for respondent Nos.2 and 3 (Bangalore Development Authority) submitted that the application would be considered within a reasonable period. Allowing the petition, the Court directed respondent Nos.2 and 3 to consider the application strictly in accordance with law and take an appropriate decision within an outer limit of three months from receipt of a certified copy of the order.

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NC: 2025:KHC:41035 WP No. 26902 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 26902 OF 2025 (BDA)

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BETWEEN:

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SRI. L.M. VASUDEVA MURTHY S/O MUNISHAMAIAH L.A. AGED ABOUT 54 YEARS R/O LINGANAHALLI, HLESARAGHLATTA LLHOBLI,L LLYELAHANKA TALUK BENGALURU 560089

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…PETITIONER

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(BY SRI. RAMESH K.R, ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF URBAN DEVELOPMENT, GOVENMENT OF KARNATAKA VIKASA SOUDHA, BENGALURU - 560 001.

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BANGALORE DEVELOPMENT AUTHORITY KUMAR PARKK WEST, T.CHOWDAIAH ROAD, BENGALURU - 560 020 REPTD. BY ITS COMMISSIONER.

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NC: 2025:KHC:41035 WP No. 26902 of 2025

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HC-KAR

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THE TOWN PLANNING MEMBER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD,

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BENGALURU - 560 020.

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…RESPONDENTS

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(BY SRI. HARISHA S, AGA FOR R1;

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SRI. VASANTHA, ADVOCATE FOR R2 AND R3)

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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 20.06.2025 AT ANNEXURED SEEKING CHANGE OF LAND USE OF HIS AGRICULTURAL LAND BEARING SY.NO.62/3A TO AN EXTENT OF 26.08 GUNTAS, OF LINGANAHALLI, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU URBAN DISTRICT WITHIN A TIME FRAME AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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NC: 2025:KHC:41035 WP No. 26902 of 2025

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HC-KAR

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ORAL ORDER

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Learned Additional Government Advocate accepts notice for respondent No.1.

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Sri Vasanth, learned counsel is directed to take notice for respondent Nos.2 and 3.

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The petitioner in this petition is seeking for a writ of mandamus directing respondents to consider the application dated 20.06.2025 at Annexure-D submitted by the petitioner seeking change of land use of his agricultural land bearing Sy.No.62/3A to an extent of 26.08 Guntas of Linganahalli, Hesaraghatta Hobli, Yelahanka Taluk, Bengaluru Urban District, to residential purpose within a time frame.

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Learned counsel for the petitioner submits that the petitioner is the absolute owner of the schedule property, having acquired the said property in a joint family partition under a registered partition deed dated 01.10.2022. It is submitted that despite having filed an application before respondent No.3 for change of land use, the said

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4 - NC: 2025:KHC:41035 WP No. 26902 of 2025

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HC-KAR

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application has not been considered, thereby compelling

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the petitioner to approach this Court in this writ petition.

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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.

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The submission is recorded.

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In view of the above, the grievance of the

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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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NC: 2025:KHC:41035 WP No. 26902 of 2025

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HC-KAR

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ORDER

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1. The writ petition is allowed .

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Respondent Nos.2 and 3 are directed to consider the petitioner’s representation/ application at Annexure-D dated 20.06.2025, 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.

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Sd/-

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________________________ JUSTICE K.S. HEMALEKHA

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VS List No.: 1 Sl No.: 13

Sri.L.M.Vasudeva Murthy v. the Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

Sri.L.M.Vasudeva Murthy v. the Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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