- 1 - HC-KAR NC: 2025:KHC:30539 WP No. 11585 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.11585 OF 2025 (LB-RES) BETWEEN: 1. MYSORE RACE CLUB LIMITED RACE COURSE ROAD, MYSORE - 570 010 REP. BY ITS SECRETARY SUBRAMANIAN HARIHARAN NURANI. &PETITIONER (BY SMT. PRIYANKA AJJANNAVAR, ADVOCATE) AND: 1. MYSURU CITY CORPORATION SAYYAJI RAO ROAD, MYSURU - 570 004 REP BY COMMISSIONER. 2. 3. PUBLIC WORKS DEPARTMENT REP BY PRINCIPAL SECRETARY VIKASA SOUDHA, BENGALURU - 560 001 REP BY PRINCIPAL SECRETARY. JAYACHAMARAJA WADIYAR GOLF CLUB MAHARANA PRATAP SINGHJI ROAD NAZARBAD, MYSORE-570 010 REP BY ITS HON. SECRETARY M.A. VENUGOPAL. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30539 WP No. 11585 of 2025 &RESPONDENTS (BY SRI. SIDDHARTHA H.M., ADVOCATE FOR R.1; SRI H.K. KENCHEGOWDA, AGA FOR R.2; SMT. CHETHANA, ADVOCATE FOR SRI B.S. MANJUNATH, ADVOCATE FOR R.3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.1 TO INITIATE IMMEDIATE ACTION PURSUANT TO ITS NOTICE DATED 28.02.2025 (ANNEXURE-B), ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO COMFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner is Mysore Race Club Limited. The case of the petitioner is that it has been leased schedule 'A' writ petition property and schedule 'B' writ petition property is part of schedule 'A' writ petition property. However, schedule 'B' property is presently in possession of respondent No.3 - Jayachamaraja Wadiyar Golf Club and that respondent No.3 has put up certain illegal construction on schedule 'B' property. However, respondent No.1 - Mysore City Corporation has issued the impugned notice to the petitioner instead of - 3 - HC-KAR NC: 2025:KHC:30539 WP No. 11585 of 2025 respondent No.3. The petitioner is also having certain disputes with respondent No.3 in respect of schedule 'B' property and it is desirous of removing the alleged illegal structure on schedule 'B' property. It is the contention of the petitioner that subsequent to issuance of notice dated 28.02.2025 at Annexure -B, respondent No.1 has not initiated any further action to remove the illegal construction. Hence, the present writ petition is filed with a prayer to direct respondent No.1 to initiate immediate action pursuant to its notice dated 28.02.2025. 2. Per contra, learned counsel for respondent No.3 submits that it is in legal possession of schedule 'B' property and has not put up any illegal construction on the same. It is submitted that it has only renovated an already existing structure on the property. It is submitted that the entire writ petition is misconceived and prays for dismissal of the writ petition. 3. Learned counsel for respondent No.1 upon instructions submits that a preliminary survey of the property has found that illegal construction has indeed put up on schedule 'B' property to the writ petition. It is however, submitted that in - 4 - HC-KAR NC: 2025:KHC:30539 WP No. 11585 of 2025 the light of submission made by petitioner and respondent No.3, appropriate notices will be issued to both petitioner and respondent No.3 and only thereafter action will be initiated to remove the illegal construction. Hence, the following:- ORDER i. Respondent No.1 shall issue fresh notices to the petitioner and respondent No.3 with regard to any construction on schedule 'B' property and only after affording an opportunity of hearing to both the petitioner as well as respondent no.3, shall initiate action in accordance with law and not otherwise. ii. The writ petition stands disposed of. iii. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 53