- 1 - HC-KAR NC: 2025:KHC:20808 WP No. 24711 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.24711 OF 2024 (LB-RES) BETWEEN: P.T. NARASIMHAMURTHY S/O THIMMACHAR AGED ABOUT 58 YEARS RESIDING AT GAYATHRI JEWELARY WORK R.T. NAGAR (KOTI THOPU) NEAR SARVODAYA COLLEGE WARD NO 16, TUMAKURU …PETITIONER (BY SRI DAYANAND PATIL S.M., ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT REPRESENTED BY ITS SECRETARY KARNATAKA GOVERNMENT SECRETARIAT VIKASA SOUDHA BENGALURU-560 001. 2. THE COMMISSIONER TUMAKURU MAHANAGARA PALIKE TUMAURU-572 101. …RESPONDENTS (BY SMT. SPOORTHY V., H.C.G.P. FOR R-1; SRI R. SUBRAMANYA FOR R-2) * * * THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTIONS IN Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20808 WP No. 24711 of 2024 THE NATURE OF MANDAMUS TO CONSIDER THE ANNEXURE-A DATED. 20.02.2024 FILED BY THE PETITIONER AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner is aggrieved by the non-consideration of the representation submitted by the petitioner at Annexure-A .Alleging inaction on the part of the second respondent, this caption petition is filed seeking writ in the nature of mandamus. 2. Heard the learned counsel for the petitioner and the learned HCGP appearing for the first respondent/State and the learned counsel appearing for the second respondent. 3. The petitioner, claiming to be the absolute owner of the schedule property, has undertaken construction thereon. In the representation submitted to the second respondent, the petitioner has specifically asserted that the construction was undertaken only after - 3 - HC-KAR NC: 2025:KHC:20808 WP No. 24711 of 2024 securing the requisite building plan and license duly sanctioned by the office of the second respondent. It is further contended that, in the event there is any deviation from the sanctioned plan, the same is liable to be considered for compounding, in terms of the judgment rendered by this Court in Sri M. Chandra Kumar vs. Commissioner dated 04.01.2024. 4. The petitioner has submitted a representation dated 20.02.2024, seeking regularisation/compounding of the alleged deviation. However, despite the lapse of a considerable period, the second respondent has not taken any action on the said representation. This inaction has compelled the petitioner to approach this Court, invoking its jurisdiction under Article 227 of the Constitution of India. 5. Upon perusal of the material placed on record, this Court is of the considered view that the second respondent is the competent authority under the - 4 - HC-KAR NC: 2025:KHC:20808 WP No. 24711 of 2024 provisions of the Karnataka Municipal Corporations Act, 1976, to consider and dispose of the representation submitted by the petitioner. The failure of the said authority to act upon the petitioner’s request amounts to dereliction of statutory duty. Therefore, this Court is of the opinion that a direction in the nature of a writ of mandamus is warranted to ensure due consideration of the petitioner’s representation. ORDER i) The writ petition is hereby allowed. ii) The second respondent is directed to consider the petitioner’s representation dated 20.02.2024, as found at Annexure-A, and to pass appropriate orders, strictly in accordance with law and in consonance with the applicable provisions of the Karnataka Municipal Corporations Act, 1976, including the compounding provisions where applicable. - 5 - HC-KAR NC: 2025:KHC:20808 WP No. 24711 of 2024 iii) The aforesaid exercise shall be completed within a period of eight weeks from the date of receipt of a certified copy of this order. iv) It is made clear that this Court has not expressed any opinion on the merits of the petitioner’s claim, and it is for the second respondent to independently examine the same in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE DH List No.: 1 Sl No.: 2