- 1 - NC: 2025:KHC-D:3960 WP No. 101544 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.101544 OF 2025 (LB-RES) BETWEEN: VISHWANATH S/O. NAGAPPA HOLABAGIL, AGE: 72 YEARS, OCC: PRESIDENT, SHRI BHUVANESHWARI VIDYANIKETAN VISHWASTHA SAMITI (R), RANEBENNUR, R/O: ASHOK NAGAR, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI – 581 115. …PETITIONER (BY SRI AVINASH BANAKAR, ADVOCATE) AND: 1. DIRECTOR OF MUNICIPAL ADMINISTRATION, AMBEDKAR VEEDHI, BENGALURU – 01. 2. THE COMMISSIONER, CITY MUNICIPAL COUNCIL, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI – 581 115. …RESPONDENTS (BY SRI V.S.KALASURMATH, AGA FOR R1; SRI PRASHANT S. HOSAMANI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED NOTICE DATED 24.02.2025 BEARING NO.NSR/K.P/VAHI/2023-24 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURE-H, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.28 12:41:36 +0530 - 2 - NC: 2025:KHC-D:3960 WP No. 101544 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent No.1. 2. The petitioner is before this Court seeking following prayers: “A) Issue a writ in the nature of Certiorari and quash the impugned notice dated 24.02.2025 bearing No.NSR/K.P/Vahi/2023-24 issued by Respondent no.2 vide Annexure-H, in the interest of justice and equity. B) Pass any other suitable orders as this Hon’ble deems fit and proper in the nature and circumstances of the case in the interest of justice and equity.” 3. The petitioner is aggrieved by the notice dated 24.02.2025 issued by respondent No.2 at Annexure-H directing the demolishing of the construction put up by the petitioner. 4. The submission of the counsel for the petitioner is that no such order could have been passed. The petitioner being the owner of the property having obtained - 3 - NC: 2025:KHC-D:3960 WP No. 101544 of 2025 necessary plan sanction from the authorities has put up the construction with legal and proper manner. 5. Learned counsel Sri.Prashant Hosmani, who has accepted notice for respondent No.2 would submit that the notice has been issued calling upon the petitioner to furnish details as regards plan sanction, since there is a compliant which has been received that the construction is illegal in nature. His submission is that if the petitioner were to furnish all the details of plan sanction and if the construction is found to be in accordance with plan sanction and building bye-laws no action for demolition would be taken. 6. Learned counsel for the petitioner seeks for and is granted a week’s time to place all the necessary documents for consideration before respondent No.2. - 4 - NC: 2025:KHC-D:3960 WP No. 101544 of 2025 7. Respondent No.2 is granted fifteen days time, thereafter pass necessary orders. Until then, respondent No.2 ought to restrain itself from seeking to carryout any demolition or otherwise on the subject property. Ordered accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE RHR/CT-ASC List No.: 4 Sl No.: 7