- 1 - HC-KAR NC: 2025:KHC:34850 WP No. 16034 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 16034 OF 2025 (LB-RES) BETWEEN: B RAVINDRA, S/O G. BORAIAH, AGE 61 YEARS, R/O NO. D3/1550/662/1, 3RD CROSS, WARD NO.8 MARIGOWDA LAYOUT, MANDYA-571401. WATSAPP NO.9448505900. PETITIONER (BY SRI VINAY BHAT.,ADVOCATE) AND: 1. THE COMMISSIONER THE CITY MUNICIPAL COUNCIL, MANDYA-571401. 2. SMT. B. MALLAJAMMA, D/O. LATE BASAVAIAH, AGE MAJOR, 12TH CROSS, CHAMUNDESHWARI NAGAR, MANDYA-571401. RESPONDENTS (BY SRI. GM.ANANDA.,ADVOCATE FOR R1; SRI. M SHIVAPRAKASH., ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1 TO DEMOLISH THE ILLEGAL CONSTRUCTION OF THE BUILDING BY R2 IN THE SITE BEARING REVENUE SURVEY NUMBER NO.14-4-578-19A AND MUNICIPAL KATHA NO. D4-3343/KT-493 MEASURING EAST Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34850 WP No. 16034 of 2025 WEST 12.9 MTRS AND NORTH SOUTH 16.15 MTRS MORE FULLY DESCRIBED IN THE SCHEDULE B AND ETC,. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner on the ground that respondent No.2 is putting up an illegal construction in violation of building bye laws and also sanctioned plan has filed the instant writ petition with the following prayers: “Wherefore the Hon’ble Court be pleased to:- i) Issue writ in the nature of mandamus directing the Respondent No.1 to demolish the illegal construction of the building by Respondent No.2 in the site bearing Revenue Survey Number No.14-4-578-19A and Municipal Katha No. D4/3343/KT-493 measuring East-West: 12.9 Mtrs and North-South: 16.15 Mtrs more fully described in the Schedule-B’; and ii) Pass such other orders as deems fit to grant under the circumstances of the case in the interest of justice.” 2. Respondent No.2 upon instruction submits that she has put up the construction in accordance with law and that she has no objection whatsoever to direct respondent No.1 – - 3 - HC-KAR NC: 2025:KHC:34850 WP No. 16034 of 2025 Commissioner, City Municipal Council to verify her property and initiate necessary action if there is any violation. However, at the same time, it is contended by respondent No.2 that the petitioner who is her neighbour has put up illegal construction and when respondent No.2 protested against the same the petitioner who is highly influential has made representations to respondent No.1 and has filed the present writ petition against respondent No.2. She prays that a similar order be passed against the petitioner also. 3. Learned counsel for the petitioner is also agreeable for the same. It is submitted that petitioner has constructed on his property in accordance with law. 4. Hence, the following: ORDER i) Respondent No. 1 is directed to inspect the properties of both petitioner as well as respondent No.2 and verify whether the constructions put up by them respectively is in accordance with law or not and if there is any violation - 4 - HC-KAR NC: 2025:KHC:34850 WP No. 16034 of 2025 respondent No.1 shall initiate appropriate action in the manner know to law. ii) The writ petition is disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PNV List No.: 1 Sl No.: 11