- 1 - HC-KAR NC: 2025:KHC:36117 WP No. 19050 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 19050 OF 2025 (LB-RES) BETWEEN: MOHAMMED SHERIPUMMERABBA S/O. LATE UMERABBA, AGED ABOUT 50 YEARS, RESIDING AT DOOR NO.1/294/3, S.H. MANSION, BOTTIGERE HOUSE, ADDOOR POST AND VILLAGE, MANGALORE TALUK - 575 145. …PETITIONER (BY SRI. CHIDANANDA KEDILAYA M.,ADVOCATE) AND: 1. THE PANCHAYAT DEVELOPMENT OFFICER GURUPUR GRAMA PANCHAYAT, GURUPURA, MANGALORE TALUK - 575 145. 2. MR. ABDUL HAKEEM AGED ABOUT 61 YEARS, S/O. LATE BAVA @ SHEKABBA, RESIDING AT BOTTIGERE HOUSE, ADDOOR VILLAGE, MANGALURU TALUK - 575 145. …RESPONDENTS (BY SRI. K CHANDRANATH ARIGA, ADVOCATE FOR R1; SRI.RAKESH KINI., ADVOCATE FOR R2;) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36117 WP No. 19050 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ENDORSEMENT DATED 07-02-2025 (ANNEXURE-A) BEARING NO.GU.GRA.PAN.CR;568/2024-25 AND ETC., THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner has filed the instant writ petition with a prayer to direct respondent No.1 - the Panchayat Development Officer, to take necessary action against the construction being put up by respondent No.2 on the property which is the subject matter of the writ petition. 2. It is alleged by the petitioner that respondent No.2 while putting up the construction, has illegally encroached upon a portion of his property and a suit is pending in this regard. - 3 - HC-KAR NC: 2025:KHC:36117 WP No. 19050 of 2025 3. It is further alleged that the construction is in violation of building bye-laws and also the sanctioned plan and inspite of bringing this fact to the notice of respondent No.1- the Panchayat Development Officer, no action has been initiated against respondent No.2. 4. Per contra, the learned counsel for respondent No.2 submits that there is no encroachment as alleged by the petitioner and he has not put up any illegal construction. 5. The learned counsel for respondent No.1- the Panchayat Development Officer submits that after due inspection and verification of the documents, appropriate action will be initiated against the construction being put up by respondent No.2 if it is found to be in violation of law. His submission is placed on record. 6. Hence, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC:36117 WP No. 19050 of 2025 ORDER i. Respondent No.1- the Panchayat Development Officer is directed to inspect the construction being put up by respondent No.2, verify the relevant records and thereafter initiate the appropriate action against respondent No.2 in the manner known to law if it is so required. ii. The Writ Petition is hereby disposed of accordingly. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 56