- 1 - NC: 2025:KHC:4004 WP No. 16594 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16594 OF 2024 (LB-RES) BETWEEN: SRI. VENKATESH K J S/O.LATE SRI.JAGADISH AGED ABOUT 54 YEARS NEAR OLD POLICE STATION M.G.ROAD, CHIKKAMAGALURU-577101. …PETITIONER (BY SRI. JAYAKIRTHI M C.,ADVOCATE) AND: 1. THE COMMISSIONER CITY MUNCIPALITY CHIKKAMAGALURU CHIKKAMAGALURU-577101. 2. THE REVENUE INSPECTOR CITY MUNCIPALITY CHIKKAMAGALURU CHIKKAMAGALURU-577101. 3. SRI. HARSHITHA M.DOSI S/O.R.C.MAHENDRA KUMAR AGED ABOUT 30 YEARS R/O. M.G.ROAD, NEAR NTC BUILDING CHIKKAMAGALURU CITY-577101. …RESPONDENTS (BY SRI.A NAGARAJAPPA., ADVOCATE FOR R1 & R2: SRI. H MALATESH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GIVE DIRECTION TO CONSIDER THE REPRESENTATIONS DATED: Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4004 WP No. 16594 of 2024 15.11.2021 AS PER ANNEXURE-B AND THE REPRESENTATION DATED 24.05.2024 AS PER ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner seeking for the following reliefs: a) Issue a writ of mandamus or appropriate direction to consider the representations dated 15.11.2021 as per Annexure-B and the representation dated 24.05.2024 as per Annexure-G, b) Issue a direction to the respondents to remove the portion of the building which is contrary to the licence and sanctioned plan as well as the entire third floor. c) Grant such other reliefs as deems fit to grant in the facts and circumstances of the case in the ends of justice and equity. - 3 - NC: 2025:KHC:4004 WP No. 16594 of 2024 2. The case of the petitioner is that he is the absolute owner in possession of the property bearing Municipal Assessment No.13823/8497/13824/8948 property ID No.28-3-6-15 situated in Basavanahalli Extension, Chikkamagaluru City, (East-West 9.906 meters and North- South 32.613635 meters) totally, measuring an extent of 323.0709 sq.mts. The said property is a vacant site. The petitioner succeeded to the said property under a registered partition deed dated 05.12.2007 entered between his family members. The respondent No.3 is the owner of the adjacent property lying on the northern side of the petitioner’s property. Respondent No.3 after obtaining plan and licence vide Annexure-A from the City Municipal Council, Chikkamagaluru has undertaken the construction of the building in his property by violating the sanctioned plan and licence without leaving any set back as contemplated in the licence. Therefore, the petitioner has given a representation dated 15.11.2021 vide Annexure-B to the respondent No.1 to initiate action against the respondent No.3. Pursuant to that, the - 4 - NC: 2025:KHC:4004 WP No. 16594 of 2024 respondent No.1 has issued a show-cause notice dated 08.12.2021 as per Annexure-C. Inspite of that, respondent No.3 has continued to put up construction. Thereafter, the respondent-Municipality has not taken any action against respondent No.3. Therefore, the petitioner is before this Court. 3. This Court on 30.10.2024 has passed the following order: “Sri Jayakirthi M.C., the learned counsel for the petitioner, submits that the owner of the neighbouring property is putting up construction without setbacks, and he is also putting up an additional floor, that though notice has been issued at the petitioner's instance way back in the year 2021, no action has been taken, and that this has emboldened the third respondent to proceed with the construction contrary to the plan. On a careful consideration of these submissions, interim order is granted staying further construction by the third respondent in the subject property and the first respondent, to - 5 - NC: 2025:KHC:4004 WP No. 16594 of 2024 ensure that construction is stopped in due deference of this Court's order, is called upon to file a report on the measures taken in that regard. The report shall be filed by the next date of hearing. Sri A. Nagarajappa, a learned standing counsel for the respondent Nos.1 and 2, is called upon to accept notice. Sri Jayakirthi M.C shall ensure that the copies of the petition and copy of this order are served on his chambers for due compliance. There shall be emergent notice returnable by 09.12.2024 to the third respondent.” 4. Pursuant to the said order dated 30.12.2024, Mr.A.Nagarajappa, learned counsel appearing for respondents-Municipality has submitted a report and contended that there is violation of building bye-laws by respondent No.3. 5. Mr.A.Nagarajappa, learned counsel for the respondents-Municipality has contended that the - 6 - NC: 2025:KHC:4004 WP No. 16594 of 2024 Municipality will take action against the respondent No.3 in accordance with law as per the provisions of Section 187 of Karnataka Municipalities Act, 1964, after giving opportunity to respondent No.3. 6. In that view of the matter, respondent No.1 is directed to consider the representations submitted by the petitioner and pass appropriate orders in accordance with law and as expeditiously as possible, as per the provisions of Section 187 of the Karnataka Municipalities Act, 1964. 7. Till a decision is taken by the respondent No.1 and pass orders, respondent No.3 is directed not to put up any further construction. 8. Accordingly, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM