- 1 - HC-KAR NC: 2025:KHC:32244 WP No. 2431 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.2431 OF 2025 (LB-RES) BETWEEN: 1. SRI SHANKAR DEVADIGA S/O. MANJAYYA DEVADIGA, AGED ABOUT 52 YEARS, RESIDING AT NO.4-238, "YAKSHAKRIPA", BANKESHWARA ROAD, YEDTARE VILLAGE, BYNDHOOR TALUK, UDUPI DISTRICT-576 214. …PETITIONER (BY SRI. PURNACHANDRA M PURANIK, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER UDUPI DISTRICT, RAJATHADRI, MANIPAL, UDUPI DISTRICT-576 104. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32244 WP No. 2431 of 2025 3. DIRECTORATE OF URBAN AND RURAL PLANNING, UDUPI DISTRICT, A BLOCK, 2ND FLOOR, RAJATHADRI, D C OFFICE, MANIPAL, UDUPI DISTRICT-576 104 REPRESENTED BY ITS ASSISTANT DIRECTOR. 4. THE CHIEF OFFICER, BYNDHOOR TOWN PANCHAYAT BYNDHOOR, BYNDHOOR TALUK, UDUPI DISTRICT-576 214. 5. SRI. RAJESH AITHAL, S/O. VASUDEVA AITHAL, AGED ABOUT 47 YEARS, RESIDING AT 3-249/1, VISHWAS NILAYA, YEDTARE VILLAGE, BYNDHOOR, UDUPI DISTRICT-576 214. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R.1 TO R.3; SRI SHARANJITH SHETTY, ADVOCATE FOR R.4; SRI K. PRASANNA SHETTY, ADVOCATE FOR R.5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NO.2 TO CONSIDER THE PETITIONER'S REPRESENTATION DATED 10.07.2024 (ANNEXURE-M) AND TAKE APPROPRIATE ACTION IN ACCORDANCE WITH LAW WITHIN ONE WEEK, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:32244 WP No. 2431 of 2025 ORAL ORDER 1. On the ground that respondent No.5 is putting up illegal construction on the property which is the subject matter of the writ petition, the petitioner has complained to respondent Nos.2 and 4 to initiate action against respondent No.5. On the ground that no action has been initiated sofar, the present writ petition is filed with the following prayers:- "i. Direct Respondent No.2 to consider the Petitioner's representation dated 10.07.2024 (Annexure-M) and take appropriate action in accordance with law within one week; ii. Direct Respondent No.4 to consider the Petitioner's representation dated 20.05.2024 (Annexure-K) and take appropriate action in accordance with law within one week; iii. Direct Respondent Nos.5 not to undertake any construction in the Schedule property in violation to the circular bearing No.LOE 466 CRM 2022(E) dated 30.06.2022 (Annexure-B) issued by the Government of Karnataka and without minimum required setback; iv. Award costs of these proceedings; v. Grant such other order as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interests of justice." - 4 - HC-KAR NC: 2025:KHC:32244 WP No. 2431 of 2025 2. In the course of the proceedings, learned AGA appearing for respondent Nos.1 to 3, and learned counsel for respondent No.4 upon instructions, submits that action has been already initiated against respondent No.5 and after due enquiry appropriate orders will be passed. 3. In the light of the action being initiated against respondent No.5, the writ petition is hereby disposed of with a direction to respondent Nos.2 and 4 to complete the enquiry in accordance with law and pass appropriate orders after hearing all the parties concerned including the petitioner and respondent No.5 herein. 4. The said exercise shall be concluded as expeditiously as possible. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 79