Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8519 WP No. 13843 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 13843 OF 2023 (KLR-RES) BETWEEN:
PROVIDENT HOUSING LIMITED, A COMPANY INCORPORATED UNDER PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 130/1, ULSOOR ROAD, BANGALORE - 560 043, REPRESENTED BY ITS AUTHORIZED SIGNATORY SADHIK S. HASAN. …PETITIONER (BY SRI. UDAYA HOLLA, SR. ADVOCATE FOR SRI. JOSEPH ANTHONY, ADVOCATE)
AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, B.R. AMBEDKAR ROAD, BANGALORE - 560 001. 2. TAHSILDAR, HOSAKOTE TALUK, BANGALORE RURAL - 562 114. 3. R. DASHARATH, AGED ABOUT 70 YEARS, S/O G. RAMAIAH REDDY, R/A NO. 11/2, RAMAIAH REDDY COMPOUND, CHALLAGHATTA, OFF RING ROAD,
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8519 WP No. 13843 of 2023
DOMLUR, BANGALORE - 560 071. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 AND R2;
SRI. AJAY SHANKAR, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED JUNE 12 2023 ISSUED BY THE R-2 (ANNX-A) AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
1. The petitioner, A Provident Housing Limited, has filed the present writ petition challenging the endorsement issued by respondent No.2 - Tahasildar, wherein it has been alleged that the compound wall constructed by the petitioner is obstructing the natural flow of rainwater. The petitioner contends that the said endorsement, marked as Annexure-A, is not sustainable in law and has, therefore, sought its quashing. 2. During the course of proceedings, the petitioner and respondent No.3 have arrived at an amicable settlement, culminating in the filing of a joint compromise petition before
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NC: 2025:KHC:8519 WP No. 13843 of 2023
this Court. As per the terms of the compromise, the petitioner has agreed to take necessary remedial measures, including the removal of the obstruction caused by the compound wall. Additionally, a comprehensive sketch has been submitted along with the compromise petition, outlining the proposed drainage plan and the manner in which rainwater logging is addressed. This settlement ensures that the issue of water stagnation is effectively mitigated.
3. Upon examining the sketch and the contents of the compromise petition, this Court is of the considered view that the endorsement issued by respondent No.2 - Tahasildar ceases to have any legal significance at this stage. Since the parties have voluntarily resolved the dispute and have taken concrete steps to address the alleged obstruction, there is no necessity for further adjudication on the endorsement. This Court, therefore, deems it appropriate to recognize and record the compromise arrived at between the petitioner and respondent No.3. 4. In light of the settlement reached, the joint compromise petition filed by the parties is hereby taken on
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NC: 2025:KHC:8519 WP No. 13843 of 2023
record. Consequently, the endorsement issued by respondent No.2 - Tahasildar, which is under challenge in the present writ petition, stands set aside and quashed. 5. However, in the interest of ensuring compliance with the remedial measures undertaken by the petitioner, this Court deems it necessary to provide an additional safeguard. In the event that complaints regarding waterlogging or obstruction of rainwater flow are received in the upcoming monsoon season, respondent No.2 - Tahasildar shall conduct an inspection and verify whether the petitioner has adhered to the remedial measures outlined in the comprehensive sketch annexed with the joint compromise petition. Such verification shall be carried out in the event fresh complaints are received. 6. With these observations, the present writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
HDK List No.: 1 Sl No.: 3 CT: BHK