- 1 - HC-KAR NC: 2025:KHC:24617 WP No. 16956 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 16956 OF 2025 (LB-RES) BETWEEN: A. MADHAVA ACHARYA, S/O LATE SRNIVASA ACHARYA, AGED ABOUT 69 YEARS, R/AT "SAMPRATHI", MANCHI ROAD, KUKKIKATTE, UDUPI POST AND TALUK, UDUPI DISTRICT - 576 101. …PETITIONER (BY SRI. NARAYANA BHAT M, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPT. OF PUBLIC WORKS, VIKASA SOUDHA, DR. B.R. AMBEDKA VEEDHI, BANGALORE - 560 001. 2. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPT. OF REVENUE, DR. B.R. AMBEDKA VEEDHI, BANGALORE - 560 001. 3. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24617 WP No. 16956 of 2025 DEPT. OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001. 4. ASSISTANT EXECUTIVE ENFINEER, DEPT. OF PUBLIC WORKS, SUB DIVISION - I, UDUPI - 576 101. 5. THE PANCHAYATH DEVELOPMENT OFFICER, ALEVOOR VILLAGE PANCHAYATH, ALEVOOR, UDUPI - 574 118. 6. THE TASHILDAR, TALUK OFFICE, UDUPI - 576 101. 7. MRS. MOHINI, W/O SRI. VIJAYA RAO, AGED ABOUT 47 YEARS, R/AT DOOR NO. 4-71, KEMATHUR ROAD, RAMPURA, ALEVOOR POST, UDUPI TALUK AND DISTRICT - 574 118. 8. VIJAYA RAO, S/O SRINIVASA RAO, AGED ABOUT 56 YEARS, R/AT DOOR NO. 4-71, KEMATHUR ROAD, RAMPURA, ALEVOOR POST, UDUPI TALUK AND DISTRICT - 574 118. …RESPONDENTS (BY SRI. H.K. KENCHE GOWDA, AGA FOR R1 TO R4 AND R6; SRI. SHARANJITH SHETTY, ADVOCATE FOR R5, VIDE ORDER DATED 16.06.2025, NOTICE TO R7 AND R8 IS DEFERRED) - 3 - HC-KAR NC: 2025:KHC:24617 WP No. 16956 of 2025 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION DIRECTING THE RESPONDENT NO. 4 TO ACT UPON THE ORDER BEARING NO. LO E / UDUPI / RASTE / GUDANGADI TERAVU / 2024-25/ DINANKA 05.04.2024/58-61 DATED 05.04.2025 PASSED BY THE IT PRODUCED AS ANNEXURE-D TO TAKE STEPS TO REMOVE THE BUNK SHOP PUT UP NEAR THE SCHEDULE PROPERTY, TO MEET THE ENDS OF JUSTICE. PASS SUCH OTHER ORDER/S AS THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE 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 The captioned petition is filed seeking mandamus against respondent No.4 to implement the notice dated 05.04.2025 addressed to the private respondents No.7 and 8 vide Annexure-D. 2. Heard learned counsel for the petitioner, learned AGA for respondents No.1 to 4 and 6 and learned counsel for respondent No.5. Perused the records. - 4 - HC-KAR NC: 2025:KHC:24617 WP No. 16956 of 2025 3. The petitioner claims to be the owner of five cents of land in Sy.No.107/1A3 situated at Alevoor village, Udupi Taluk, along with the corresponding kumki rights appurtenant thereto, more fully described in the schedule annexed to the petition. Pursuant to a registered sale deed dated 04.08.2007, the petitioner is stated to have applied for a building license and constructed a residential house on the said property. The grievance raised is that respondents No.7 and 8 have erected an unauthorised bunk shop directly in front of the petitioner’s residence, thereby obstructing his ingress and egress to the public road. 4. The petitioner’s specific complaint is that despite respondent No.4 having already passed an order, as evidenced by Annexure-D, directing removal of the unauthorised structure put up by respondents No.7 and 8, the concerned authorities have failed to enforce the said direction. It is in this background that the present writ petition has been filed seeking issuance of appropriate writ or direction. 5. Though formal notice has not yet been issued to the private respondents, considering that a valid and subsisting - 5 - HC-KAR NC: 2025:KHC:24617 WP No. 16956 of 2025 order has already been passed against them, and in view of the inaction on the part of the authorities in giving effect to the same, this Court is of the view that a writ of mandamus would lie in the facts of the present case. However, it is clarified that respondent No.4 shall issue a fresh reminder to respondents No.7 and 8, provided the earlier notice dated 05.04.2024 (Annexure-D) has not been stayed or challenged in any pending legal proceedings. Upon affording an opportunity of hearing to respondents No.7 and 8, appropriate action shall be initiated in the event of continued non-compliance with the order already passed. ORDER i. The writ petition is hereby allowed. ii. Respondent No.4 is directed to issue a reminder to respondents No.7 and 8, calling upon them to comply with the notice dated 05.04.2024 (Annexure-D), which directs removal of the unauthorised structure put up by them. iii. If the said notice is not stayed or is not the subject matter of any pending legal proceeding, and in the event respondents No.7 and 8 fail to comply even after such reminder, - 6 - HC-KAR NC: 2025:KHC:24617 WP No. 16956 of 2025 respondent No.4 shall take appropriate coercive steps in accordance with law to remove the unauthorised construction. iv. This entire exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 19 CT: BHK