Allowed¶44

Sri S C Sharma v. the Additional Chief Secretary

Karnataka HC25 Oct 2025WP/27867/2025

Case brief

AI extract

What is this about?

Change of land use; mandamus to consider pending application; Section 14A Karnataka Town and Country Planning Act 1961; Bangalore Development Authority; Sy.No.26/6, 1 acre, Agara Village, Kengeri Hobli, Bengaluru South Taluk; time-bound direction of three months; WP No. 27867 of 2025 (BDA); Justice K.S. Hemalekha; decided 25.10.2025.

What did the court decide?

Respondent Nos.2 and 3 directed to consider the petitioner's representation/application at Annexure-H dated 11.07.2025 strictly in accordance with law and take appropriate decision within an outer limit of three months from receipt of the copy of the order. ¶44

Sri S C Sharma Vs the Additional Chief Secretary — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents are to be directed (by writ of mandamus) to consider the petitioner's application dated 11.07.2025 at Annexure-H seeking change of land use of his agricultural land bearing Sy.No.26/6 to an extent of 1 acre at Agara Village, Kengeri Hobli, Bengaluru South Taluk, for residential purposes, within a time frame.

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Court's answer

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-H dated 11.07.2025 strictly in accordance with law.

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Key takeaways

The appropriate decision on the application is to be taken within an outer limit of three months from the date of receipt of the copy of this order.ratio¶45

Detailed headnote1 paragraphs

Writ Petition (BDA) No. 27867 of 2025, decided on 25.10.2025 by the High Court of Karnataka at Bengaluru (K.S. Hemalekha, J.). The petitioner, sole legal heir of his deceased father (Sale Deed dated 10.03.2006; father died 22.10.2017), sought a mandamus directing the Additional Chief Secretary (Urban Development), the Bangalore Development Authority and its Town Planning Member to consider his application dated 11.07.2025 (Annexure-H) seeking change of land use of agricultural land bearing Sy.No.26/6, measuring 1 acre at Agara Village, Kengeri Hobli, Bengaluru South Taluk, for residential purposes. Counsel for respondents 2 and 3 submitted that the procedure for change of land use is governed by Section 14A of the Karnataka Town and Country Planning Act, 1961, and generally takes about six months. Holding the petitioner's grievance sufficiently redressed by a direction to consider the application, the Court allowed the writ petition and directed respondent Nos.2 and 3 to consider the representation/application strictly in accordance with law and take an appropriate decision within an outer limit of three months from receipt of the copy of the order.

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NC: 2025:KHC:42302 WP No. 27867 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^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. 27867 OF 2025 (BDA)

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BETWEEN:

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SRI S C SHARMA S/O. LATE.Y.M.S.SHARMA, AGED ABOUT 66 YEARS, R/O.NO-171, 6^TH CROSS ROAD, GANDHINAGARA, BENGALURU 560 009.

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…PETITIONER

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(BY SRI. RAMESH K R, ADVOCATE)

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AND:

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

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Digitally signed by HEMALATHA A

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Location: HIGH COURTOF KARNATAKA

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BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560 020

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REPTD. BY ITS COMMISSIONER.

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THE TOWN PLANNING MEMBER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU-560 020.

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…RESPONDENTS

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(BY SRI.HARISHA.A.S, AGA FOR R1; SRI.VASANTHA, ADVOCATE FOR R2 & R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.1 TO 3 TO PASS APPROPRIATE ORDERS, CONSIDERING THE APPLICATION GIVEN BY THE PETITIONER

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2 - NC: 2025:KHC:42302 WP No. 27867 of 2025

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HC-KAR

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DATED 11.07.2025 AT ANNEXURE-H SEEKING CHANGE OF LAND USE OF HIS AGRICULTURAL LAND BEARING SY.NO.26/6 TO AN EXTENT OF 1 ACRE OF AGARA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU URBAN DISTRICT WITHIN A TIME FRAME.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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

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

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The petitioner seeks for a writ of mandamus directing the respondents to consider the application dated 11.07.2025 at Annexure-H, seeking change of land use of his agricultural land bearing Sy.No.26/6 to an extent of 01 acre, situated at Agara Village, Kengeri Hobli, Bengaluru South Taluk, for residential purposes, within a time frame.

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Learned counsel for the petitioner submits that the petitioner’s father had purchased the schedule property

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3 - NC: 2025:KHC:42302 WP No. 27867 of 2025

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HC-KAR

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under a registered Sale Deed dated 10.03.2006.

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Subsequently, on 22.10.2017, the petitioner’s father died, and the revenue records now stand in the name of the petitioner, who is the sole legal heir. It is submitted that despite filing an application before respondent No.2 seeking change of land use, the said application has not been considered, thereby compelling the petitioner to approach this Court.

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Per contra , the learned counsel for respondent Nos.2

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and 3 submits that the petitioner’s representation/application will be considered within a reasonable time 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 about six months for compliance with statutory formalities, and therefore, a reasonable time may be granted.

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The submission is recorded.

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NC: 2025:KHC:42302 WP No. 27867 of 2025

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HC-KAR

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In view of the above, the grievance of the petitioner

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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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ORDER

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1)The writ petition is allowed .

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2)Respondent Nos.2 and 3 are directed to consider the petitioner’s representation/application at Annexure-H dated 11.07.2025, strictly in accordance with law and to take appropriate decision within an outer limit of three months from

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the date of receipt of the copy of this order.

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Sd/-

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_____________________ JUSTICE K.S. HEMALEKHA

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List No.: 1 Sl No.: 8

Sri S C Sharma v. the Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

Sri S C Sharma 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

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