- 1 - NC: 2025:KHC:18051 WP No. 13675 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 13675 OF 2025 (LB-RES) BETWEEN: 1. B AJITH PAI S/O B ASHOK PAI, AGED 34 YEARS BUSINESSMAN 2. B ASHWINI PAI W/O B AJITH PAI AGED ABOUT 33 YEARS HOUSEWIFE BOTH RESIDING AT 6-1-81B, "VYASADHAMA" ANDRADE LANE BAILOOR WARD, 76 BADAGUBETTU UDUPI DISTRICT KARNATAKA - 576 101. … PETITIONERS (BY SRI. ARAVINDA KAMATH P., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SECRETARIAT OF URBAN DEVELOPMENT SOUDHA BUILDING, AMBEDKAR VEEDHI, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18051 WP No. 13675 of 2025 SAMPANGI RAMANAGAR, BENGALURU - KARNATAKA - 560 001 BY ITS PRINCIPAL SECRETARY 2. COMMISSIONER OF UDUPI MUNICIPALITY KAVIMUDANNA MARGA, UDUPI -576 101. 3. DIRECTOR, UDUPI URBAN TOWN PLANNING AUTHORITY MALPE MAIN ROAD, ADI UDUPI - 576 103 4. PUNDALIKA PRABHU K S/O GOVERDHAN PRABHU "SWARNAGOWRI", ANDRADE LANE, BAILOOR, 76, BDAGUBETTU VILLAGE, UDUPI - 576 101 … RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE FINAL NOTICE DATED 21.04.2025 BEARING NO.UNS.B1.CR.200/4515/2024-25 ISSUED BY THE 2ND RESPONDENT - ANNEXURE 'A' 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:18051 WP No. 13675 of 2025 ORAL ORDER Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3. The issuance of notice to respondent No.4 is dispensed with, as the petition itself is being disposed of. 2. The petitioner has challenged the notice dated 18.09.2024 directing the petitioner to stop putting up the sunshade, failing which, necessary action will be taken. 3. Learned Additional Government Advocate appearing for respondent Nos.1 to 3 submits that, as against the notice impugned, the petitioner can avail of the alternative remedy of filing an appeal in terms of Section 444 of the Karnataka Municipal Corporations Act, 1976. 4. In light of the availability of alternative remedy, the petition is disposed off relegating the petitioner to avail of the substantive remedy of filing an appeal under - 4 - NC: 2025:KHC:18051 WP No. 13675 of 2025 Section 444 of the Karnataka Municipal Corporations Act, 1976 against the impugned notice. 5. Needless to state that the impugned notice would be kept in abeyance for a period of four weeks from today. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR