- 1 - HC-KAR NC: 2025:KHC:20958 WP No. 14642 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 14642 OF 2025 (LB-RES) BETWEEN: SRI. MOHAMMAD IQBAL YUSUF, S/O YUSUF.D, , AGED ABOUT 51 YEARS, R/AT 5-90, NEHARU NAGARA HOUSE, NARIKOMBU VILLAGE AND POST, BANTWALA TALUK, DAKSHINA KANNADA DISTRICT – 574 231. REP BY HIS GPA HOLDER SMT JAMSHIDA MOHAMMAD IQBAL, W/O MOHAMMAD IQBAL, AGED ABOUT 40 YEARS, R/AT NARIKOMBU VILLAGE AND POST, BANTWALA TALUK, DAKSHINA KANNADA DISTRICT – 574 231. …PETITIONER (BY SRI. RAMESH KUMAR R V.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, DR AMBEDKAR VEEDHI, BANGALORE – 560 001. (BY ITS UNDER SECRETARY). Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20958 WP No. 14642 of 2025 2. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, BANTWAL TOWN, DAKSHINA KANNADA DISTRICT – 574 211. 3. SMT. ZAREEN AHAMMED ZUBAIR, W/O AHAMMED ZUBAIR, R/AT BOGODY HOUSE, PANEMANGALURU VILLAGE AND POST, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT – 574 231. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA AGA FOR R1; SRI.M.SUDHAKAR PAI FOR R2; SRI. R.B.SADASIVAPPA FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER / ENDORSEMENT IMPUGNED ORDER / ENDORSEMENT DTD. 12.05.2025 VIDE NUMBER BAPUSA(2) C.R./4430/2024-25 AT ANNX-A AND THE IMPUGNED NOTICE DTD. 08.04.2025 VIDE NUMBER BAPUSA (2) C.R/4430/2024- 25 AT ANNX-A1 ISSUED BY THE R-2 TMC BANTWAL 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 has presented the captioned writ petition challenging the legality of the impugned endorsements dated 12.05.2025 and 08.04.2025 as per Annexures-A and A.1 respectively, issued by respondent No.2. It is the case of the petitioner that he has commenced construction of a residential house after duly - 3 - HC-KAR NC: 2025:KHC:20958 WP No. 14642 of 2025 obtaining a license and securing approval for the building plan. However, the impugned notice directs the petitioner to stop the construction on the ground that certain deviations have been observed during spot inspection. 2. The petitioner contends that the impugned notice has been issued in flagrant violation of the mandatory procedure prescribed under Clause (b) of Sub-section (9) of Section 187 of the Karnataka Municipalities Act, 1964 (hereinafter referred to as "the Act, 1964"). 3. It is further urged that the impugned notice has been issued without serving a prior show-cause notice, as envisaged under Section 187 of the Act, 1964. The petitioner submits that this omission renders the impugned notice legally unsustainable. 4. On perusal of the records and having regard to the statutory scheme under Section 187 of the Act, 1964, this Court finds that when a complaint is received regarding construction undertaken in deviation of the - 4 - HC-KAR NC: 2025:KHC:20958 WP No. 14642 of 2025 sanctioned building plan, it is incumbent upon the Municipal Commissioner or the Chief Officer to cause an inspection under Sub-section (7) of Section 187. Upon being satisfied that such violation exists, the said authority is then required to issue a show-cause notice to the owner, affording an opportunity to explain why the construction should not be altered to conform to the approved plan. 5. In the present case, respondent No.2 has failed to adhere to the said statutory procedure. The notice issued is vague and not in compliance with the requirements of Section 187 of the Act, 1964. Accordingly, this Court is of the considered opinion that the impugned notice deserves to be set aside and the matter is required to be remitted to respondent No.2 for reconsideration strictly in accordance with law. Respondent No.2 shall, before passing any further order, strictly comply with the procedural safeguards contemplated under Section 187 of the Act, 1964. - 5 - HC-KAR NC: 2025:KHC:20958 WP No. 14642 of 2025 6. With these above observations, this Court proceeds to pass the following; ORDER (i) The writ petition stands disposed of with a direction to respondent No.2 to strictly adhere to the procedure contemplated under Section 187 of the Karnataka Municipalities Act, 1964. (ii) The endorsements dated 12.05.2025 and 08.04.2025, produced at Annexures-A and A.1 respectively, are hereby quashed. (iii) In the event respondent No.2 proposes to initiate proceedings afresh, it shall be preceded by a spot inspection, after due notice to the petitioner as well as private respondent No.3. If a show-cause notice is issued thereafter, liberty is reserved to the petitioner to submit detailed objections thereto. - 6 - HC-KAR NC: 2025:KHC:20958 WP No. 14642 of 2025 (iv) Respondent No.2 shall consider such objections, if any, and thereafter pass appropriate orders strictly in accordance with law, after affording due opportunity of hearing to the petitioner. (v) It is made clear that the construction undertaken by the petitioner shall be subject to the outcome of the proceedings to be initiated pursuant to this order. (vi) The exercise of conducting a spot inspection shall be carried out by respondent No.2, with the assistance of a qualified Surveyor, and completed within a period of four weeks from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 10