Karnataka High Court
Sri Jyothi Prasad vs State Of Karnataka on 26 March, 2025
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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WP No. 21755 of 2021
C/W WP No. 1606 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 21755 OF 2021 (LB-RES)
C/W
WRIT PETITION NO. 1606 OF 2022 (LB-RES)
IN WP No. 21755/2021
BETWEEN:
SRI. G.S. SANJAY,
S/O N.B. SREYAMSHA KUMAR,
AGED ABOUT 50 YEAS,
RESIDING AT NO.2208/B,
'RAJAGRIHA', SADHANA ROAD,
K.R. EXTENSION, TUMKUR - 572 101.
...PETITIONER
(BY SRI. JWALA KUMAR, ADVOCATE)
AND:
Digitally signed
by VIJAYA P
Location: HIGH 1. STATE OF KARNATAKA,
COURT OF
KARNATAKA RURAL DEVELOPMENT AND
PANCHAYAT RAJ DEPARTMENT,
3RD GATE, 3RD FLOOR,
M.S. BUILDING, BENGALURU - 560 001,
REPRESENTED BY THE SECRETARY.
2. ZILLA PANCHAYAT BANGALORE RURAL,
DISTRICT OFFICE COMPLEX,
BEERASANDRA VILLAGE,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110,
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REPRESENTED BY ITS SECRETARY.
3. TALUK PANCHAYAT DEVANAHALLI,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
4. JALIGE GRAMA PANCHAYAT,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
REPRESENTED BY ITS SECRETARY.
5. M/s. J.P. GOLDEN HOMES PROPERTIES PVT. LTD.,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956,
HAVING ITS OFFICE AT NO.8,
1ST FLOOR, 2ND MAIN,
3RD PHASE, J.P. NAGAR,
BENGALURU - 560 078.
REPRESENTED BY ITS MANAGING DIRECTOR.
6. SRI. B. JYOTHI PRASAD,
S/o. SRI B KRISNAIAH CHETTY,
AGED ABOUT 66 YEARS,
7. SRI. B. KISHORE KUMAR
S/o. SRI. B. JYOTHI PRASAD,
AGED ABOUT 43 YEARS,
8. SRI. B. KIRAN KUMAR,
S/o. SRI. B. JYOTHI PRASAD,
AGED ABOUT 40 YEARS,
RESPONDENT NO.6, 7 AND 8
ARE RESIDING AT FLAT NO.A-3
GREEN VIEW APARTMENT, 2ND CROSS,
K.V. LAYOUT, 4TH BLOCK,
JAYANAGAR EAST,
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BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. YOGANNA K.P., AGA FOR R1;
SRI. M.S. DEVARAJU, ADVOCATE FOR R2 TO R4;
SMT. S. VAISHNAVI, ADVOCATE FOR R5 TO R8)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED ORDER/LETTER NO.
BEMGRAMGPAN/MUU.KA.NI.ASHA/2021-22 DATED AUGUST 07,
2021 COMMUNICATED BY RESPONDENT NO.2 TO RESPONDENT
NO.3 VIDE ANNEXURE-L AND ETC.,
IN WP NO. 1606/2022
BETWEEN:
1. SRI. JYOTHI PRASAD,
S/o. LATE B. KRISHNIAHA CHETTY,
AGED ABOUT 67 YEARS,
2. B. KISHORE KUMAR,
S/o. JYOTHI PRASAD,
AGED ABOUT 40 YEARS,
3. B.J. KIRAN KUMAR,
S/o. JYOTHI PRASAD,
AGED ABOUT 40 YEARS,
PETITIONERS 1 TO 3 RESIDING AT
R/T NO. 08, 1ST FLOOR,
2ND MAIN, J.P. NAGAR 3RD PHASE,
BANGALORE - 560 078.
4. SRI. BURLE NARASIMHA RAO,
S/o. LATE B. VENKATESWARLU,
AGED BOUT 64 YEARS,
R/A NO. 16-21-1,
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PANCHAMUKHI ANJINEYA SWAMY
TEMPLE STREET, TENALI - 522 201,
GUNTUR DISTRICT, ANDHRA PRADESH.
5. SRI. SOMI SETTY SUBRAHMANYESWARA RAO,
S/o. LATE SOMI SETTY SATYANARAYANA,
AGED ABOUT 67 YEARS,
R/A DOOR NO. 21-6-22,
SATYANARAYANA PARK STREET,
RAMALINGESHWARA PETA,
TENALI - 522 201,
GUNTUR DISTRICT, ANDHRA PRADESH.
6. J.P. GOLDEN HOMES PROPERTIES PVT. LTD.,
HAVING ITS OFFICE AT NO.8, 1ST FLOOR,
2ND MAIN, J.P. NAGAR 3RD PHASE,
BANGALORE - 560 078,
REPRESENTED BY ITS DIRECTOR
MR. B.J. KIRAN KUMAR.
...PETITIONERS
(BY SRI. PRITHVESH M.K, ADVOCATE FOR
SRI. ASHWIN KUMAR H, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S. BUILDING, AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. DIRECTORATE OF TOWN AND COUNTRY PLANNING,
REPRESENTED BY ITS DIRECTOR,
NO.4, M.S. BUILDING, 4TH FLOOR,
6TH BLOCK, NEAR VIDHANA SOUDHA,
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AMBEDKAR VEEDHI, BENGALURU,
KARNATAKA - 560 001.
3. CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYATH,
BEERASANDRA VILLAGE,
KUNDANA HOBLI,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
4. DEPUTY COMMISSIONER,
BANGALORE RURAL,
VISHWANATHAPURA DIST.,
DEVANAHALLY, KARNATAKA - 562 110.
5. SECRETARY,
JALGE GRAM PANCHAYAT,
DYAVARAHALLI MAIN ROAD, JALIGE,
KARNATAKA - 562 157.
6. BANGALORE INTERNATIONAL AIRPORT,
AREA PLANNING AUTHORITY (BIAAPA),
REPRESENTED BY ITS MEMBER SECRETARY.
NO. 10, FIRST FLOOR, SHANTHINAGAR,
SULIBELE ROAD, DEVANAHALLI TOWN,
BANGALORE RURAL DISTRICT - 562 110.
...RESPONDENTS
(BY SRI. M.S. DEVARAJ, ADVOCATE FOR R3 AND R5;
SRI. K.P. YOGANNA, AGA FOR R1, R2 AND R4;
SRI. YOGESH D. NAIK, ADVOCATE FOR R6)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE
ORDER DATED 12.11.2021 PASSED BY R-4 VIDE ANNX-A
AND ORDER DATED 07.08.2021 PASSED BY R-3 VIDE
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ANNX-B IMPUGNED ORDERS ARE IN VIOLATION OF
PRINCIPLES OF NATURAL JUSTICE AND THEREFORE THE
SAME IS IN VIOLATION OF ARTICLE 14 OF THE
CONSTITUTION OF INDIA AND IS WITHOUT JURISDICTION
AND SUFFERS FROM CAROM NON JUDICE.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
1. The W.P.No.21755/2021 has been filed seeking for issuance of writ of certiorari to set aside the order of the Chief Executive Officer of the Zilla Panchayat, Bangalore Rural at Annexure - L dated 07.08.2021 whereby the Chief Executive Officer, Bangalore Rural, Zilla Panchayat after taking note of the various communications with the Deputy Commissioner, has observed that sites have been formed in the area reserved for parks and civic amenities which is illegal and also that records are not available regarding the issuance of Khata in the office of the Gram Panchayat and accordingly has decided to set aside Forms 9 and 11 with respect to area reserved for civic amenities and park with further direction to the Gram Panchayat to -7- NC: 2025:KHC:12772 WP No. 21755 of 2021 C/W WP No. 1606 of 2022 take possession of the same and declare the land as belonging to the Gram Panchayat.
2. It is seen that the order at Annexure-L is infact a communication to the Chief Executive Officer, Taluk Panchayat, Devanahalli and acting upon such order/communication, it is submitted that the Deputy Commissioner has passed an order in Case No.LND(DE)SR.71/2021-22 dated 12.11.2021. The said order of the Deputy Commissioner has been challenged in W.P.No.1606/2022 as both the writ petitions have identical factual matrix and relief sought for are interrelated and the challenge is to common proceedings relating to violation of planning rules, both are taken up together and disposed off by a common order.
3. It is to be noticed that the order of the Deputy Commissioner which is the actionable order as on date is assailed on various grounds including that the Deputy Commissioner lacks jurisdiction to entertain disputes relating to invalidity of plan issued by the Village -8- NC: 2025:KHC:12772 WP No. 21755 of 2021 C/W WP No. 1606 of 2022 Panchayat as well as violation of the sanction plan or rules pursuant to which plan has been sanctioned.
4. Various contentions have been raised including that there has to be a finding:
a) As to whether plan issued by the Village Panchayat is lawful and legal.
b) If it were to be so, that the plan is held to be lawful and legal, whether the violation of the sanction plan is actionable, if so by whom.
5. Without entering into the merits of the matter, it is to be noticed that in terms of Section 17(4) of the Karnataka Town and Country Planning Act, 1961, if any work is taken up in contravention of Section 17(1) or in violation of the conditions of the sanction under Sub-section 2, necessary action may be taken after an enquiry.
6. Section 17(4) of the Karnataka Town and Country Planning Act, 1961 reads as follows:
"4) If any person does any work in contravention of sub-section (1) or in contravention of the -9- NC: 2025:KHC:12772 WP No. 21755 of 2021 C/W WP No. 1606 of 2022 modifications and conditions of the sanction granted under sub-section (2) or despite refusal for the sanction under the said sub-section (2), the Planning Authority may direct such person by notice in writing to stop any work in progress and after making an inquiry in the prescribed manner, remove or pull down any work or restore the land to its original condition."
7. The mode of exercise of powers is governed by the Karnataka Planning Authority Rules, 1965 and Rule 37 prescribes the manner of enquiry under Section 17(4). Rule 37 reads as follows:
"37. Manner of inquiry under [Section 15(4) or 17(4)].-(1) An inquiry under [sub-section (4) of Section 15 or] sub-section (4) of Section 17 shall be conducted in the manner specified in this rule.
(2) The Planning Authority shall serve a notice in writing upon the person concerned calling upon him to show cause why he should not be directed -
(a) to remove or pull down the work; or
(b) to restore the land to its original condition, as the case may be
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NC: 2025:KHC:12772 WP No. 21755 of 2021 C/W WP No. 1606 of 2022 The notice shall specify a date not earlier than seven days from the date of its service for hearing the case.
(3) The Planning Authority, if it considers it expedient to do so, may appoint a Committee of not less than three of its members to hear such cases. (4) Any representation which may be made by or on behalf of the person served with the notice on the date specified under sub-rule (1) or which may be received on or before such date, shall be considered. Minutes shall be kept of the inquiry so held and the decisions arrived at in such inquiry shall be reduced to writing together with reasons for the same. Reasons for the decision shall be signed by all the persons giving such decision."
8. Admittedly, in the present case, the authority to take any action prima facie could be the Planning Authority under Section 17(4) which is the Bengaluru International Airport Area Planning Authority.
9. Once the matter is taken up by the Authority for alleged violation of sanction plan or as regards proceedings regarding development without sanction plan.
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NC: 2025:KHC:12772 WP No. 21755 of 2021 C/W WP No. 1606 of 2022 If the planning Authority is of the view that the proceedings have to initiated by the Revenue Authority or any other Authority as is permissible under law. It is always open for the Planning Authority to take an appropriate decision.
10. Accordingly, the order of the Deputy Commissioner at Annexure-A in W.P.No.1606/2022 is set aside.
11. Liberty is reserved to the Planning Authority to take action in accordance with law, in terms of the observations made above.
12. Needless to state, the order at Annexure - A has been set aside only on the ground that it is not the appropriate Authority in light of existence of plan and its validity which is still to be decided.
13. Accordingly, all contentions are kept open and proceedings are disposed off as not calling adjudication on merits while leaving open for the concerned Authorities to take appropriate action.
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14. Needless to state that the Planning Authority or any other Authority which takes up proceedings as is permissible under law, cannot pass any order without hearing all affected parties which would not only include land owner, developer but site holders who have derived any title.
15. It is for the Planning Authority or appropriate Authority which would institute proceedings to pass appropriate directions regarding creation of further third party rights which may prejudice the enquiry.
16. The Planning Authority has been referred to, as the Authority to take action also in light of the legal mandate under Section 76'M' of the Karnataka Town and Country Planning Act, 1961 by virtue of which, it is the provisions under the Town and Country Planning Act and the rules and regulations, bye-laws made under which would have an over-riding effect over other laws.
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17. I.A.No.1/2025 filed for impleading is disposed off as the impleading applicants are always at liberty to seek for an opportunity of hearing before the Authorities concerned who may take any action pursuant to the directions made herein.
Sd/-
(S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 9 CT: BHK