Full Judgment Text
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NC: 2026:KHC:4468-DB
RP No. 189 of 2025
C/W RP No. 203 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
REVIEW PETITION NO. 189 OF 2025
C/W
REVIEW PETITION NO. 203 OF 2025
R.P.NO.189/2025
BETWEEN:
THE METROPOLITAN COMMISSIONER
BENGALURU METROPOLITAN REGION
AT DEVELOPMENT AUTHORITY (BMRDA)
NO.1, ALI ASKAR ROAD, LRDE BUILDING
BENGALURU- 560 052.
...PETITIONER
(BY SRI. RAMESH K R, ADV.)
AND:
1 . STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT,
URBAN DEVELOPMENT DEPARTMENT,
VIKASA SOUDHA,
BENGALURU- 560 001.
2 . SRI. VENKATA DURGA PRASAD KUNCHALA,
S/O. LATE R. RAMAIAH,
AGED ABOUT 57 YEARS,
WORKING AS JOINT DIRECTOR
Digitally signed by
NANJUNDACHARI
Location: HIGH
COURT OF
KARNATAKA
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RP No. 189 of 2025
C/W RP No. 203 of 2025
HC-KAR
CUM MEMBER SECRETARY,
SATELLITE TOWN RING ROAD
PLANNING AUTHORITY (STRRPA),
NO.1, ALI ASKAR ROAD,
LRDE BUILDING, BENGALURU 560 052.
PRESENTLY WORKING AS-
JOINT DIRECTOR,
BENGALURU METROPOLITAN
TASK FORCE (BMTF),
ND
R/AT NO.601/1, 2 MAIN,
ND
2 CROSS, BEML LAYOUT,
RD
3 STAGE, RAJARAJESHWARI NAGAR,
BENGALURU 560 098.
…RESPONDENTS
(BY SRI.VIKAS ROJIPURA, AGA FOR R1
SRI P.S. RAJGOPAL, SR. ADV. FOR
SRI A VISHWANAT BHAT, ADV. FOR R2)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 R/W SEC.114 OF CPC, PRAYING TO REVIEW THE ORDER
DATED 24.03.2025 PASSED BY THIS COURT IN WP NO.1596
OF 2025 IN THE INTEREST OF JUSTICE AND EQUITY.
R.P.NO.203/2025
BETWEEN:
STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT,
URBAN DEVELOPMENT DEPARTMENT,
VIKASA SOUDHA,
BENGALURU- 560 001.
...PETITIONER
(BY SRI.VIKAS ROJIPURA, AGA)
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RP No. 189 of 2025
C/W RP No. 203 of 2025
HC-KAR
AND:
1 . THE METROPOLITAN COMMISSIONER
BENGALURU METROPOLITAN REGION
AT DEVELOPMENT AUTHORITY (BMRDA)
NO.1, ALI ASKAR ROAD, LRDE BUILDING
BENGALURU- 560 052.
2 . SRI. VENKATA DURGA PRASAD KUNCHALA,
S/O. LATE R. RAMAIAH,
AGED ABOUT 57 YEARS,
WORKING AS JOINT DIRECTOR
CUM MEMBER SECRETARY,
SATELLITE TOWN RING ROAD
PLANNING AUTHORITY (STRRPA),
NO.1, ALI ASKAR ROAD,
LRDE BUILDING, BENGALURU 560 052.
…RESPONDENTS
(BY SRI. RAMESH K R, ADV. FOR R1
SRI P.S. RAJGOPAL, SR. ADV. FOR
SRI A VISHWANAT BHAT, ADV. FOR R2)
THIS REVIEW PETITION IS FILED UNDER SECTION 114
R/W ORDER RULE 47 RULE 1 OF CPC 1908, PRAYING TO
REVIEW THE ORDER DATED 24.03.2025 PASSED BY THIS
COURT IN WP NO.1596/2025 (S-KSAT) C/W WP NO.4805/2025
(S-KSAT) IN THE INTEREST OF JUSTICE AND EQUITY.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
and
HON'BLE MR. JUSTICE K. V. ARAVIND
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RP No. 189 of 2025
C/W RP No. 203 of 2025
HC-KAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
The above review petitions are by State Authorities
of Urban Development Department as well as by
Bengaluru Metropolitan Regional Development Authority
(BMRDA) who were respondents before the learned Single
Judge praying to review the order dated 24.03.2025 in
W.P.No.1596/2025 c/w. W.P.No.4805/2025 wherein this
Court had passed the following:
ORDER
“
allowed
(i) The Writ Petitions are .
(ii) The impugned order dated 27.01.2025 in
application No.5388/2024 on the file of KSAT,
Bengaluru, is set aside. Likewise, the
impugned orders dated 13.01.2024 passed by
the Karnataka State Administrative Tribunal
in application No.5134/2024 and 5388/2024
are set aside. The application Nos.5134/2024
and 5388/2024 are favoured.
(iii) The order dated 08.11.2024 issued by the
ultra virus
second respondent is declared as
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and without any legal effect and therefore
quashed.
(iv) Consequentially, the respondents are directed
to continue/reinstate the petitioner forthwith
as Joint Director-cum-Member Secretary of
STRRPA and permit him to complete full
tenure of 3 years from the original date of his
appointment.
(v) Costs made easy.”
2. Heard learned Advocate General Sri.Shashikiran
Shetty along with learned Additional Government Advocate
Sri.Vikas Rojipura for petitioner-State, learned counsel
Sri.K.R.Ramesh for BMRDA, learned senior counsel
Sri.P.S.Rajagopal for Sri.A.Vishwanath Bhat, learned
counsel for respondent No.2. Perused the entire petition
papers.
3. In the above review petitions, though several
grounds are urged on both the sides including whether the
impugned notification dated 22.11.2024 posting the
petitioner as Joint Director of Town and Country Planning
at Bengaluru Mahanagara Task Force, Bengaluru while the
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respondent was working as Joint Director of Town Planning
and Member Secretary, Satellite Town Ring Road Planning
Authority (STRRPA) is in exercise of power of pleasure of
the State in terms of Section 4D of the Karnataka Town
and Country Planning Act, 1961 (for short, ‘1961 Act’).
4. However, on behalf of the State as well as
BMRDA, submissions are made that since respondent No.2
is completing his tenure within another 15 days, it was
prayed to clarify with regard to the tenure of three years
as it is directed to continue respondent No.2 as Joint
Director – cum - Member Secretary, STRRPA and permit
him to complete full tenure of three years from the original
date of appointment.
5. Admittedly, respondent No.2 was posted as
Joint Director of Town Planning and Member Secretary,
STRRPA under notification dated 17.02.2023 and in terms
of Rule 4 of the Karnataka Planning Authority Rules, 1965
(for short, ‘1965 Rules’), the term of office of Chairman
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and Members of the Planning Authority shall be three
years commencing from the date of their appointment.
Section 4D of 1961 Act would state that the Chairman and
Members of Planning Authority hold office during the
pleasure of the State Government. Therefore, the direction
issued under order dated 24.03.2025 in
W.P.No.1596/2025 C/w. W.P.No.4805/2025 would mean
that three years tenure would be subject to Section 4D of
1961 Act. In other words, the term of office as prescribed
under Rule 4 of 1965 Rules would be subject to Section 4D
of 1961 Act.
6. However, in the peculiar facts of the present
case, since respondent No.2 would complete his tenure of
three years within another 15 days, he shall not be
disturbed during the said period. On completion of his
tenure as three years, it is open for the State Government
to pass appropriate order in accordance with law.
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RP No. 189 of 2025
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7. With the above, both the review petitions stand
disposed of.
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(K.V.ARAVIND)
JUDGE
NC
CT: bms