SRI MAHESHWARAN C S/O H R CHANDRA SHEKAR vs. THE STATE OF KARNATAKA

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 18TH DAY OF OCTOBER 2012 BEFORE THE HON’BLE MR. JUSTICE S. ABDUL NAZEER WRIT PETITION Nos.21744-745/2012 (LB-RES) BETWEEN : 1. Sri. Maheshwaran C. S/o. H.R. Chandra Shekar Aged about 52 years R/a. No.79, Income Tax Layout Chamundi Hills Road Near Anjali Ashram Siddartha Nagar Mysore 2. Sri. M. Somesh Kumar S/o. B. Muddappa Aged about 57 years R/a. Mahanandi Farm Chamundi Hills Road J.C. Nagar Mysore 570 011 ... PETITIONERS (By Sri. T.N. Vishwanatha, Adv.) AND : 1. The State of Karnataka By its Secretary Department of Housing and Urban Department

2 M.S. Building Bangalore 2. Mysore Urban Development Authority By its Commissioner Jhansi Rani Lakshmi Bai Road Mysore

... RESPONDENTS (By Sri. Vijayakumar A. Patil, HCGP for R-1 Sri. T.P. Vivekananda, Adv. for R-2) These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the 2nd respondent to consider the representations at Annexures-F and G dated 3.1.2012, and etc. These writ petitions coming on for Preliminary Hearing this day, the Court made the following: ORDER I have heard the learned Counsel for the parties. 2. The petitioners contend that they have filed applications at Annexures-F and G both dated 3.1.2012 requesting the 2nd respondent for change of land use as provided under Section 14-A of the Karnataka Town and Country Planning Act, 1961 (for short ‘the Act’). Since the said applications have not been considered, they have filed

3 these writ petitions for a mandamus directing the 2nd respondent to consider the same. 3. Learned Counsel for the 2nd respondent contends that having regard to the proviso to Section 14(2) of the Act, the petitioners have to first obtain permission for conversion of agricultural land to non-agricultural purposes under the provisions of Karnataka Land Revenue Act, 1964. I am of the view that the 2nd respondent has to consider the applications taking note of proviso to Section 14(2) of the Act. Therefore, I direct the 2nd respondent to consider the applications at Annexures-F and G both dated 3.1.2012 in accordance with law within a period of three months from the date of receipt of a copy of this order. This order should not be understood as expressing any opinion on the merits of the matter one way or the other. Writ petitions are disposed of accordingly. No costs. Sd/- JUDGE. Cs/-