- 1 - HC-KAR NC: 2025:KHC-D:12781 WP No. 106985 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106985 OF 2025 (LB-UC) BETWEEN: SRI CHANNAVERAPPA S/O KALLAPPA SULLAD AGE: 61 YEARS, OCC: RETIRED EMPLOYEE, R/O AMBEWADI, BARCHI ROAD, DANDELI, TALUK: DANDELI, DISTRICT: UTTARA KANNADA … PETITIONER (BY SRI. AJAYKUMAR S NAVALUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY, VIDHAN SOUDHA, BENGALURU-560 001 2. THE DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT, KARWAR, DISTRICT: UTTARA KANNADA 3. THE COMMISSIONER CITY MUNICIPAL COUNCIL, DANDELI-581 325, TALUK: DANDELI DISTRICT: UTTARA KANNADA 4. SRI BASAVANT S/O RAMU PATIL AGE: 70 YEARS, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12781 WP No. 106985 of 2025 OCC: RETIRED EMPLOYEE R/O. HOUSE NO. II /1192, OPPOSITE DEGREE COLLEGE, BARCHI ROAD, DANDELI, TALUK: DANDELI, DISTRICT: UTTARA KANNADA … RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR DIRECTION OR ORDER IN THE NATURE OF WRIT OF CERTIORARI TO QUASH AND SET ASIDE THE IMPUGNED ORDER DATED. 11-08-2025 (ANNEXURE-L) BEARING NO. SAMKHYA/ DAA NA SA/ KAAVI/2025- 26/621 AND RELATED PROCEEDINGS BY THE RESPONDENT MUNICIPAL AUTHORITY ORDERING DEMOLITION OF THE PETITIONER’S PROPERTY, ON GROUNDS OF ARBITRARINESS, VIOLATION OF PRINCIPLES OF NATURAL JUSTICE, DISCRIMINATION, AND PENDENCY OF RELATED CIVIL DISPUTE AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioner is before this Court seeking for the following reliefs: i. Issue a Writ or direction or order in the nature of Writ of CERTIORARI to Quash and set aside the impugned order dated. 11-08-2025 (Annexure-L) Bearing No. SAMKHYA/ DAA NA SA/ KAAVI/2025- 26/621 and related proceedings by the respondent municipal authority ordering demolition of the petitioner’s property, on grounds of arbitrariness, violation of principles of natural justice, discrimination, and pendency of related civil dispute. - 3 - HC-KAR NC: 2025:KHC-D:12781 WP No. 106985 of 2025 ii. Direct the respondent to permit the petitioner to continue reconstruction/repair/ construction of the house at House No. II/1191, Ambewadi, Barchi Road, Dandeli, subject to compliance with municipal statutes and consideration for regularization as per applicable schemes and law. iii. Grant such other reliefs as this Hon’ble Court may deem fit in the interests of justice and equity, including costs. 2. What has been challenged is the provisional order passed by the Municipal Corporation directing the petitioner to remove the unauthorised construction violative of the Building bylaws. Same having been issued under Subsection (9) of Section 187, the statutory process under Section 187 is required to be followed. 3. Even though a suit has been filed by the petitioner in O.S No.20/2024, the Civil Judge at Dandeli, such a suit relating to exercise of statutory powers under the Karnataka Municipalities Act is not maintainable. 4. Reserving liberty to the petitioner to appear before the Municipal Commissioner of respondent No.3 by placing - 4 - HC-KAR NC: 2025:KHC-D:12781 WP No. 106985 of 2025 all relevant documents in relation thereto, which shall be considered by the Commissioner. The petition stands disposed. In the event of an order being passed by the Commissioner against the petitioner, then the petitioner would have the remedy of an appeal to the municipal council as per the Karnataka Municipalities (Appeal and Revision) Rules, 1967. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 24