- 1 - HC-KAR NC: 2025:KHC:18399 WP No. 12976 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 12976 OF 2025 (LB-RES) BETWEEN: 1. SUBHAN KHAN S/O LATE MASOOM KHAN AGED ABOUT 70 YEARS R/AT NO.104, 2ND CROSS BANNIMANTAP 'C' LAYOUT MYSURU REPRESENTED BY: SPA HOLDER SYED SHAHAB A.R. S/O LATE SYED ABDUL REHMAN AGED ABOUT 41 YEARS R/AT NO.3006, SAJJAD STREET MANDI MOHALLA, MYSURU. …PETITIONER (BY SRI. DHYAN CHINNAPPA, SENIOR ADVOCATE FOR SRI. PRAVEEN M.T., ADVOCATE) AND: 1. MYSURU MAHANAGARA PALIKE, (MCC) ZONE OFFICE-7, LASHKAR MOHALLA MYSORE MUNICIPAL CORPORATION MYSORE REP. BY ITS CHIEF COMMISSIONER. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18399 WP No. 12976 of 2025 2. MYSURU URBAN DEVELOPMENT AUTHORITY (MUDA) LAXMIBHAI RAO LAKSHMIPURAM, MYSORE - 570 005 REP. BY THE COMMISSIONER. 3. THE ASSISTANT COMMISSIONER ZONE OFFICE-7, LASHKAR MOHALLA MYSORE MUNICIPAL CORPORATION MYSORE. 4. B. SAMIULLA KHAN S/O LATE B.P. BASHEER AHMED KHAN AGED ABOUT 81 YEARS R/AT NO.750, S.S. NAGAR BANNIMANTAP 'B' LAYOUT MYSURU - 570 015. …RESPONDENTS (BY SMT. M.P. GEETHA DEVI, ADV. FOR R1 & R3 (ABSENT); SRI. T.P. VIVEKANANDA, ADVOCATE FOR R2 (ABSENT); SRI. VIVEK SUBBA REDDY, SENIOR ADVOCATE FOR SRI. CHANDPASHA, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NOs.1 TO 3 TO TAKE IMMEDIATE ACTION AND TO STOP FURTHER ILLEGAL CONSTRUCTION ACTIVITIES BEING CARRIED OUT BY RESPONDENT NO.4 AS PER ANNEXURES-J AND J1 IN SCHEDULE-B PROPERTY AND FOR THE REMOVAL OF ILLEGAL CONSTRUCTION IN THE SETBACK AREA IN THE ENDS OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:18399 WP No. 12976 of 2025 CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER Respondent No.4 is said to be putting up construction on the writ petition schedule property. On the ground that the said construction is being put up without obtaining the necessary permission in accordance with law and it is also in violation of the building bye-laws, the present writ petition is filed with the following prayers: "WHEREFORE, the Petitioners humbly prays that this Hon'ble Court be pleased to issue an appropriate Writ, Order or direction in the following manner, a) A writ in the nature of Mandamus or any other Writ or direction directing the Respondent No.1 to 3 to take immediate action and to stop further illegal constructions activities being carried out by the Respondent No.4 as per Annexure J & J1 in Schedule-B Property and for the removal of illegal construction in the setback area in the ends of justice. b) A writ in the nature of Mandamus directing the Respondent No.1 to 3 to produce before this - 4 - HC-KAR NC: 2025:KHC:18399 WP No. 12976 of 2025 Hon'ble court the "action taken report" against Respondents 4, according to Section 321B of KMC Act 1976, owing to the failure of preventing the respondent no 4 in putting illegal construction over schedule B property. c) Grant such other relief/s that this Hon'ble Court deems fit as according to the facts and circumstances of the case with cost in the interest of justice and equity." 2. Learned counsel for respondent No.4 submits that all the necessary plan sanction have been obtained and the construction is being put up in law, whereas the same has been disputed by the petitioner. 3. Learned counsel for respondent Nos.1 to 3 is absent. 4. The dispute pertains to question of facts as to whether respondent No.4 has put up construction in violation of sanctioned plan and building bye-laws. The appropriate authority to take decision in regard are respondent Nos.1 to 3. Hence, the writ petition is hereby disposed of with a direction to respondent Nos.1 to 3 to - 5 - HC-KAR NC: 2025:KHC:18399 WP No. 12976 of 2025 verify the plan and also construction site and thereafter take appropriate decision in accordance with law. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 144