- 1 - NC: 2025:KHC:17273 WP No. 10904 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 10904 OF 2022 (LB-RES) BETWEEN: 1. SRI SYED ISMAIL S/O LATE SYED MOULASAB AGED ABOUT 55 YEARS R/A: MANCHANABELE VILLAGE KASABA HOBLI, CHIKKABALLAPURA TALUK CHIKKABALLAPURA-562 101 ALSO AT R/A: SRI M V EXTENSION 5TH CROSS, OPP: TO APMC YARD CHIKKABALLAPURA-562 101 … PETITIONER (BY SRI. SARAVANA S., ADVOCATE) AND: 1. THE COMMISSIONER TOWN MUNICIPAL COUNCIL CHIKKABALLAPUR-562 101 2. 3. THE ASSISTANT EXECUTIVE ENGINEER TOWN MUNICIPAL COUNCIL CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR-562 101 C.P. NARAYANASWAMY S/O DODDA PILLAPPA AGED ABOUT 53 YEARS R/A: 5TH CROSS, SRI M.V. EXTENSION Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17273 WP No. 10904 of 2022 OPP: TO APMC YARD CHICKABALLAPURA - 562 101. … RESPONDENTS (BY SRI. VENKATARAMA REDDY L., ADVOCATE FOR R1 & R2; SRI SHARATH S. GOWDA, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE DEMOLITION NOTICE ISSUED BY THE R1 IN NO.NA.SA.CHI./THA.SHAA./C.R.-159/2021-2022, DATED 23.5.2022 AS PER ANNEXURE-Q AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for setting aside of the notice of demolition at Annexure-'Q' dated 23.05.2022. 2. During the pendency of proceedings, learned counsel for the petitioner has filed a memo for disposal, which reads as hereunder:- As per the Impugned Annexure -Q, the petitioner was directed to remove the Compound wall in the subject property within 15 days, With out prejudice to the contentions raised in the petition, the petitioner would voluntary remove/demolish the Compound wall on the western portion of property within 15 days from today, However reserving liberty to re-erect the fresh compound wall by obtaining necessary - 3 - NC: 2025:KHC:17273 WP No. 10904 of 2022 approval and permission from Respondents or concerned authorities. Under the circumstance, considering/recording the submission of the petitioner, Petitioner prays to dispose the above petition, with further directions to the respondent authorities, to consider the application of the petitioner, if filed, by according necessary permission /approval for fresh construction of compound wall in accordance with law, in the ends of justice 3. It is noticed that the operative portion of the notice at Annexure-'Q' relates to putting up of compound wall in an unauthorised manner. 4. In light of the undertaking made by the petitioner in the memo for disposal, the petition is disposed off as not calling for adjudication. 5. Necessary Affidavit to be filed by the petitioner to remove the compound wall as undertaken in the memo for disposal. Such Affidavit to be filed within three days. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR