- 1 - HC-KAR NC: 2025:KHC:20499 WP No. 6188 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.6188 OF 2025 (LB-RES) BETWEEN: T. RAJU AGED ABOUT 43 YEARS S/O SRI THAMMEGOWDA R/O. NO.193, CHENNIPURA MALAVALLI TALUK MANDYA DISTRICT-571430 …PETITIONER (BY SRI. DINAKAR M P, ADVOCATE) AND: 1. THE DISTRICT COMMISSIONER MANDYA-571430 2. THE EXECUTIVE ENGINEER NATIONAL HIGHWAY AUTHORITY OF INDIA (NH-209) RAMANAGAR SUBDIVISION RAMANAGAR-562159 3. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT MANDYA-571430 4. THE EXECUTIVE ENGINEER ZILLA PANCHAYATH MANDYA-571430 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20499 WP No. 6188 of 2025 5. THE DEPUTY COMMISSIONER OF EXCISE MANDYA-571430 6. THE PANCHAYATH DEVELOPMENT OFFICER NIDAGATTA GRAMA PANCHAYATH MALAVALLI TALUK MANDYA DISTRICT-571430 7. KIRAN H.R. MAJOR S/O LATE RAJANNA R/O HONGANIDODDI KANAKAPURA TALUK RAMANAGARA DISTRICT-562159 …RESPONDENTS (BY SRI.H.K.KENCHEGOWDA, AGA FOR R.1, 3 AND 5; SRI.M.S.DEVARAJU, ADVOCATE FOR R.6 V/O/D 03.06.2025 NOTICE TO R.2, 4, 7 ARE DEFFERED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LICENSE BEARING NO.TRL.00305/1521003017/24-25 DATED 18.11.2024 AT ANNX-F ISSUED BY R-6 UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner in the present writ petition seeks issuance of a writ of certiorari to quash the building licence - 3 - HC-KAR NC: 2025:KHC:20499 WP No. 6188 of 2025 issued by respondent No.6 in favour of respondent No.7, primarily on the ground that the construction being undertaken by respondent No.7 is in violation of the sanctioned building plan. A perusal of the pleadings would reveal that the petitioner does not claim to be personally aggrieved by the alleged construction activity. He merely asserts that he is a resident of Chennipura Village and describes himself as a social worker. Significantly, the petitioner does not claim to be an adjacent property owner or someone whose legal or proprietary rights are directly or substantially affected by the impugned construction. 2. The allegations raised and the reliefs sought are evidently in the nature of a public cause, intended to address a purported violation of planning norms by respondent No.7. The grievance is not rooted in any personal right or legal injury suffered by the petitioner. It is well settled that where the issues raised pertain to a general public interest, the appropriate remedy is by way of a properly instituted Public Interest Litigation. The - 4 - HC-KAR NC: 2025:KHC:20499 WP No. 6188 of 2025 petitioner, however, has approached this Court by filing a regular writ petition under Article 226 of the Constitution without adhering to the principle safeguards governing Public Interest Litigations. 3. The Hon’ble Supreme Court has time and again emphasized that while Courts are duty-bound to protect public interest, such cause must be espoused through a genuine and properly constituted Public Interest Litigation, supported by bona fides and concrete materials. Entertaining a writ petition in the guise of public interest, without satisfying these parameters, would amount to bypassing well-established procedural safeguards and open the doors for indiscriminate litigation. 4. This Court is, therefore, of the considered opinion that the present writ petition, which seeks to espouse a public cause and raises issues that are in the nature of public interest, is not maintainable in its present form. The petitioner, if so advised, is at liberty to initiate appropriate - 5 - HC-KAR NC: 2025:KHC:20499 WP No. 6188 of 2025 proceedings by filing a Public Interest Litigation in accordance with law and upon compliance with the procedural requirements stipulated for such actions. In view of the above, the writ petition stands dismissed as not maintainable. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 11