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2025 DAILYLAW 15985 (KAR)

SRI H N NANDISH v. THE STATE OF KARNATAKA

WP/3063/2025 · 2025-04-03

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - NC: 2025:KHC:14142 WP No. 3063 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 3063 OF 2025 (LB-RES) BETWEEN: 1. SRI H N NANDISH S/O LATE NANJAPPA, AGED ABOUT 81 YEARS, RESIDING AT KANASAVADI VILLAGE, MADHURE HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT, PIN-561 203. … PETITIONER (BY SRI. VIJAYA KUMAR K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, PANCHAYATH RAJ DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. CHIEF EXECUTIVE OFFICER, BENGALURU RURAL ZILLA PANCHAYATH, DISTRICT OFFICE BUILDING, BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110. 3. EXECUTIVE OFFICER, DODBALLAPUR TALUK PANCHAYATH DODBALLAPUR-561 203. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14142 WP No. 3063 of 2025 4. PANCHAYATH DEVELOPMENT OFFICER, HULIKUNTE GRAM PANCHAYATH, HULIKUNTE VILLAGE, DODBALLAPUR TALUK, BENGALURU RURAL DISTRICT-561 203. 5. SMT. VANITHA, W/O H.S. VEERABHADRASWAMY, AGED ABOUT 39 YEARS 6. H.S. VEERABHADRASWAMY, S/O LATE SADASHIVAIAH, AGED ABOUT 47 YEARS. 7. CHANDRASHEKAR, S/O LATE SADASHIVAIAH, AGED ABOUT 51 YEARS. RESPONDENTS NO.5 TO 7 ARE R/AT HULIKUNTE VILLAGE, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, PIN - 561 203. … RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1; SRI B.J. SOMAYAJI, ADVOCATE FOR R2 TO R4; SRI S.G. SWAMY, ADVOCATE FOR R5 & R6; R7 - SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE RESPONDENTS 2 TO 4 TO CONSIDER THE REPRESENTATIONS GIVEN BY THE PETITIONER DATED 27.01.2025 PRODUCED AS ANNEXURE-A TO C AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV - 3 - NC: 2025:KHC:14142 WP No. 3063 of 2025 ORAL ORDER The present petition has been filed seeking for issuance of writ of mandamus to respondent Nos.2 to 4 to consider the representations of the petitioner at Annexures-'A' to 'C', all dated 27.01.2025. In terms of the said representations, the petitioner has averred that private respondent Nos.5 to 7 had been putting up construction without any sanction plan and accordingly has requested for passing of appropriate orders to prohibit further construction. 2. The other prayer made by the petitioner is for setting aside of the order at Annexure-'D' dated 22.01.2025, whereby the Appellate Authority has disposed off the appeal observing that in light of the proceedings pending before the Court of Senior Civil Judge and JMFC, Doddaballapura in O.S.No.1514/2024, it would not be appropriate to continue the present proceedings. 3. Insofar as consideration of representations of petitioner at Annexures-'A' to 'C', learned counsel appearing for respondent Nos.5 and 6 submits that the - 4 - NC: 2025:KHC:14142 WP No. 3063 of 2025 building licence has been applied for with the respondent No.4 and they would take up construction only after obtaining the building licence. 4. Insofar as challenge to the proceedings before the Taluk Panchayat at Annexure-'D', the stand of Taluk Panchayat does not call for interference, as it is observed that the Civil Suit in O.S.No.1514/2024 is still pending. Needless to state that the petitioner is at liberty to move the appropriate Authority after disposal of the Civil Suit in O.S.No.1514/2024. 5. Learned counsel appearing for private respondents submits that the representations before the Taluk Panchayat for building licence may be directed to be considered expeditiously. The respondent Authority to look into the same and take appropriate steps as regards such aspect. Accordingly, the petition is disposed off. SD/- (S SUNIL DUTT YADAV) JUDGE VGR