- 1 - HC-KAR NC: 2025:KHC:30092 WP No. 17862 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.17862 OF 2024 (LB-RES) BETWEEN: 1. SRI CHANDRASHEKAR D S/O B G DHANPAL AGED ABOUT 46 YEARS NO.131, SHARADA NAGARA YELAHANKA NEW TOWN BANGALORE - 560 065. …PETITIONER (BY SRI. B C VENKATESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT GATE 3, 3RD FLOOR M.S. BUILDING, KARNATAKA BENGALURU-560 001. 2. THE COMMISSIONER KARNATAKA PANCHAYATH RAJ COMMISSIONERATE K R ROAD, GANDHI NAGAR BENGALURU - 560 009. 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT BANGALORE URBAN S KARIAPPA ROAD Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30092 WP No. 17862 of 2024 BANASHANAKARI (NEAR BANASHAN0KARI TEMPLE) BANGALORE - 560 050. 4. THE EXECUTIVE OFFICER BANGALORE EAST TALUK PANCHAYATH OFFICE BOODIGERE ROAD BOMMENAHALLI GATE BANGALORE-560 049. 5. THE PANCHAYATH DEVELOPMENT OFFICER KITTANURU GRAMA PANCHAYATH OFFICE BIDARANA HOBLI BENGALURU EAST TALUK BENGALURU-560 036. 6. SRI SANTHOSH KUMAR S/O M N NAGARAJU AGED ABOUT 41 YEARS NO.136/1, LAKSHMI SAGARA MAHADEVAPURA BANGALURU-560 048. 7. SMT. DIVYA W/O SRI SANTHOSH KUMAR AGED ABOUT 32 YEARS NO.136/1, LAKSHMI SAGARA MAHADEVAPURA BENGALURU - 560 048. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R.1 & R.2; SRI K M PRAKASH, ADVOCATE FOR R.3; SRI M S DEVARAJU, ADVOCATE FOR R.4 & R.5; SMT. V BHAGIRATHI, ADVOCATE FOR SRI HARSHA D. JOSHI, ADVOCATE FOR R.6 & R.7.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.2 TO 5 TO CONSIDER THE REPRESENTATION DATED 21.02.2024 (ANNEXURE-E) SUBMITTED BY THE PETITIONER AND TO TAKE ACTION - 3 - HC-KAR NC: 2025:KHC:30092 WP No. 17862 of 2024 AGAINST THE RESPONDENT NOS.6 AND 7 IN ACCORDANCE WITH LAW, ETC. THIS PETITION, COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner on the ground that respondent Nos.6 and 7 are putting up construction on his property illegally by encroaching public road has made a representation to respondent No.3 to initiate appropriate action against respondent Nos.6 and 7. On the ground that respondent No.3 has failed to act upon the representation, the present writ petition is filed with a prayer to direct respondent No.3 to initiate appropriate action against respondent Nos.6 and 7. 2. Learned counsel for the respondents submits that the petitioner is in the habit of giving complaint after complaints. They further submits that the petitioner had infact filed W.P.No.11556/2024 in respect of the same property and the following order has been passed:- - 4 - HC-KAR NC: 2025:KHC:30092 WP No. 17862 of 2024 ORDER " [A] The petition stands disposed of reserving liberty to the petitioners to file objections to the notice dated 17.02.2024 with the second respondent within four [4] weeks from today directing the second respondent to consider such response and take appropriate orders in accordance with law with liberty to the petitioner if there is cause to avail further remedy under Section 64(5) of the Act. [B] It is observed that the decision to cancel the licence on 20.02.2024 is made subject to the outcome of the afore proceedings, and the second respondent is directed to complete the proceedings within three weeks from the date of receipt of a certified copy of this order." 3. Learned counsel for respondent No.3 further submits that if respondent No.3 acts in pursuance of the order passed in W.P.No.11556/2024, the request of the petitioner in the instant writ petition stands fulfilled. However, he reasons that he has failed to act, because the petitioner has filed the instant writ - 5 - HC-KAR NC: 2025:KHC:30092 WP No. 17862 of 2024 petition that no action has been initiated in pursuance of the order passed in W.P.No.11556/2024. 4. Admittedly, the writ petition pertains to construction of a building by respondent Nos.6 and 7. It is contention of the petitioner that it has been constructed illegally without necessary plan sanction and by encroaching public property. 5. Per contra, it is the contention of respondent Nos.6 and 7 that the building has been constructed in accordance with law after obtaining all the necessary plan sanction. The lis involves disputed question of fact that this Court cannot decide while exercising its power under Article 226 of the Constitution of India. Under the said circumstances, it is appropriate to direct respondent No.3 to verify the documents of respondent Nos.6 and 7 and make necessary spot visit and verify whether any illegal construction has been done as alleged or not and hear parties concerned and take appropriate decision in accordance with law. Further more, the order passed in W.P.No.11556/2024 suffices to resolve the dispute. 6. For the aforementioned reasons, the writ petition is disposed of with a direction to respondent No.3 herein to - 6 - HC-KAR NC: 2025:KHC:30092 WP No. 17862 of 2024 initiate appropriate action in accordance with law as well as the order passed by this Court in W.P.No.11556/2024, within a period of three weeks from the date of receipt of a copy of this order. 7. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 48