- 1 - NC: 2025:KHC:11558-DB WP No.13220 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.13220 OF 2020 (LB-RES) BETWEEN: 1. SRI. V GOPALA SHETTY S/O. H. NARAYANA SHETTY, AGED ABOUT 56 YEARS, NEMPU MURUKAI, HERJADI, POST KENCHANURU, KARKUNJE VILLAGE - 576 283, KUNDAPURA TALUK, UDUPI DISTRICT. 2. SRI. K. DASA KHARVI S/O. LATE CHANDRA KHARVI, AGED ABOUT 67 YEARS, KHARVI KERI, MEL KERI, POST KUNDAPURA, KASABA - 576 201, UDUPI DISTRICT. …PETITIONERS (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE) Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11558-DB WP No.13220 of 2020 AND: 1. THE CHIEF OFFICER KUNDAPURA TOWN MUNICIPALITY KUNDAPURA - 576 201, UDUPI DISTRICT. 2. SRI. ANANTHA POOJARY S/O. SEENA POOJARY, AGED: MAJOR MAIN ROAD, KUNDAPURA - 576 201, UDUPI DISTRICT. …RESPONDENTS (BY SRI. AJITH A. SHETTY, ADVOCATE FOR R1; SRI. RAJESH MAHALE, SENIOR ADVOCATE A/W SRI. MADHUKAR NADIG, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.1 TO TAKE ACTION AGAINST THE RESPONDENT NO.2 FOR THE ILLEGAL CONSTRUCTION ON THE SCHEDULE PROPERTY; DIRECT THE RESPONDENT No.1 TO REMOVE THE ILLEGAL BUILDING ON THE SCHEDULE PROPERTY AND TO RECOVER COSTS FROM THE RESPONDENT No.2; DIRECT THE RESPONDENT No.1 NOT TO ISSUE LICENSE, PERMISSION TO THE CONSTRUCTION ON THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:11558-DB WP No.13220 of 2020 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR. JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE M.I.ARUN) This is a public interest litigation preferred by the petitioners who are said to be residents of Kundapura Town. The writ petition is filed alleging that second respondent is constructing a building on the main road of Kundapura Town without obtaining necessary permissions and in violation of the building bye-laws and that the first respondent is complacent about the same. 2. The writ petition is filed with the following prayers: "Wherefore, it is prayed that this Hon'ble Court may be pleased to issue a writ of mandamus or any other writ or order (i) directing the 1st Respondent to take action against the 2nd Respondent for the illegal construction on the schedule property. (ii) directing the 1st Respondent to remove the illegal building on the schedule property and to recover costs from the 2nd respondent. (iii) direct the 1st respondent not to issue licence, permission to the construction on the schedule property. - 4 - NC: 2025:KHC:11558-DB WP No.13220 of 2020 (iv) Grant such other reliefs as this Hon'ble Court deem fit to grant." 3. In response, the second respondent has submitted that he purchased the property concerned by a registered sale deed dated 30.11.2018 and at the time of purchase itself there existed an old building on the property. It is further submitted that thereafter, he has demolished a portion of it and he is reconstructing the same. In the course of hearing, the second respondent has filed an affidavit dated 03.03.2025 wherein he has undertaken to apply for necessary permissions from the concerned Authorities and thereafter, will proceed to construct on the premises. He has further submitted that he will not precipitate the construction of the building without obtaining the necessary permissions. Further, in the course of arguments, the second respondent also submits that if the present construction is in violation of law or the plan to be sanctioned by the first respondent, in that event, he will remove/demolish the said portion of construction which is held to be in violation of the sanction plan/ building bye-laws. His submission is placed on record. - 5 - NC: 2025:KHC:11558-DB WP No.13220 of 2020 4. The aforementioned undertaking of the second respondent has to be considered as sufficient to meet the ends of justice. 5. Hence, the following: ORDER i. Respondent No.2 shall construct the building on the premises concerned in accordance with law only after obtaining the necessary permissions and sanctions from the first respondent. ii. If the already constructed portion of the building violates the sanction plan or the building bye-laws, the same shall be removed/demolished by the second respondent. iii. The writ petition is disposed of accordingly. iv. Pending interlocutory applications, if any, stand disposed of. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE VMB, List No.: 1 Sl No.: 11