- 1 - NC: 2025:KHC-D:3589 WP No. 101063 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.101063 OF 2025 (LB-RES) BETWEEN: SMT. SUMAN D. N. W/O D. NARAYANA AGED ABOUT 63 YEARS, RESIDING AT NEAR OLD POST OFFICE RAMANAGAR, HAGARIBOMMANAHALLI KARNATAKA 583212. …PETITIONER (BY SRI. B.SIDDESWARA., & SRI B.BASAVARAJ R.Y., ADVOCATES) AND: TOWN MUNICIPAL COUNCIL HAGARIBOMMANHALLI R/BY ITS CHIEF OFFICER VIJAYANAGAR, KARNATAKA-583212. …RESPONDENT (BY SRI.LAXMAN T.MANTAGANI., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE NOTICE DATED 30-01-2025 NO. SAM/ PU SA HA/ KAA VI/ NO/2024-25 PASSED BY THE 1ST RESPONDENT AT ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.27 17:00:43 +0530 - 2 - NC: 2025:KHC-D:3589 WP No. 101063 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs; A) Issue a writ in the nature of certiorari to quash the notice dated 30-01-2025 No. SAM/ PU SA HA/ KAA.VI/NO/2024-25 passed by the 1st respondent at Annexure-A. B) issue any other writ of order of directions as this Hon'ble Court deems fit, in the interest of justice and equity. 2. The petitioner claims to be owner of Khata No.6-II(1), Ward No.17 measuring 30x22 feet totally measuring 660 feet. The petitioner had applied for plan sanction, which came to be granted on 22.01.2025. On the basis of alleged complaint, a notice came to be issued by respondent on 30.01.2025 stating that there is a violation of building byelaw and as such, called upon the petitioner to stop the construction activities within three days. It is challenging the same, the petitioner is before this Court. 3. If there is any violation of building byelaws or plan sanction, it is for the authority to take necessary - 3 - NC: 2025:KHC-D:3589 WP No. 101063 of 2025 action under Section 187 of the Karnataka Municipalities Act, 1964 by setting out the details as regards violation of the building byelaws and or plan sanction. Without doing so, a notice to merely stop work, could not have been given. In that view of the matter, I pass the following: ORDER i) Writ petition is allowed. ii) A certiorari is issued the notice/stop work order dated 30.01.2025 issued by respondent at Annexure-A is quashed. iii) Liberty is reserved to the respondent to initiate such action in terms of Section 187 of the Karnataka Municipalities Act, 1964 as may be available. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 27