- 1 - HC-KAR NC: 2025:KHC:39964-DB WP No. 9864 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 9864 OF 2025 (GM-RES) BETWEEN: 1. SRI LOKESHA B S/O. BHEEMAIAH, AGED ABOUT 53 YEARS R/O. G. HARIVESANDRA, HERUR POST, KASABA HOBLI, GUBBI TALUK, TUMKUR DIST. - 572216. AADHAR NO 738003272332 PAN NO AGOPL1594J 2. SRI. HARSHAVARDHAN, S/O. ANJINAPPA, AGED ABOUT 29 YEARS, R/A NEW A D COLONY, GUBBI, TUMKUR DISTRICT - 572216 AADHAR NO 635727146903 PAN NO BBPPH5317G 3. SRI. GANGABYRA, S/O. CHIKKABYRAIAH, AGED ABOUT 42 YEARS, NO.17, THUGLAHALLI, SORATUR POST, HONNALLI, DAVANGERE DISTRICT -577217. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39964-DB WP No. 9864 of 2025 AADHAR NO 613986682183 PAN NO BUTPG9169A 4. SRI. DINAKAR C. S/O. LATE G B CHANNABASAVAIAH. AGED ABOUT 54 YEARS. OPPOSITE OF BANGLO PALYA SCHOOL, SUBHASH NAGAR. GUBBI, TUMKUR DISTRICT -572216 AADHAR NO 94562477 0238 PAN NO CSPPC4245L 5. SRI. HUCHANNA.P. AGED ABOUT 39 YEARS S/O. PUTTARAJAIAH, R/A OF A D COLONY. GUBBI, TUMKUR DISTRICT - 572216 AADHAR NO 889386732035 PAN NO AOZPH3723G 6. SMT. RANGAMMA, W/O. RANGASWAMAIAH, AGED ABOUT 52 YEARS, R/A OF A D COLONY. GUBBI, TUMKUR DISTRICT - 572216 AADHAR NO 4298 0132 2527 PAN NO DHBPR2389E 7. SMT. NARASAMMA, W/O. LATE HANUMAIAH, AGED ABOUT 54 YEARS. R/A OF A D COLONY. GUBBI, TUMKUR DISTRICT - 572216 AADHAR NO 3872 4486 8819 PAN NO CHYPN3831M 8. SMT. TEJASWINI.A W/O. GIRISH, AGED ABOUT 31 YEARS, R/A OF A D COLONY. - 3 - HC-KAR NC: 2025:KHC:39964-DB WP No. 9864 of 2025 GUBBI, TUMKUR DISTRICT - 572216 AADHAR NO 4160 4437 6920 PAN NO EENPA5961P 9. SRI. DODDARANGAIAH, S/O.RANGAIAH, AGED ABOUT 69 YEARS R/A OF A D COLONY, GUBBI, TUMKUR DISTRICT - 572216 AADHAR NO 6155 7402 5783 PAN NO IHNPD0732E 10. SRI. G R BASAVARAJU, S/O. RANGAPPA, AGED ABOUT 55 YEARS R/A OF A D COLONY, GUBBI. TUMKUR DISTRICT - 572216 AADHAR NO 2420 6803 0754 PAN NO GJEPB1758R 11. SRI. CHANNABASAVAIAH, S/O. LATE KANNAIAH, AGED ABOUT 48 YEARS, R/A OF A D COLONY, GUBBI, TUMKUR DISTRICT - 572216 AADHAR NO 9998 1553 1864 PAN NO DHVPC5483G 12. SMT. PUTTAMMA, W/O. ANJINAPPA, AGED ABOUT 49 YEARS. R/A OF A D COLONY, GUBBI, TUMKUR DISTRICT - 572216 AADHAR NO 6086 5772 7925 PAN NO HROPP3685L …PETITIONERS (BY SMT. VINITHA J D, ADVOCATE FOR SRI. DEVENDRAPPA, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:39964-DB WP No. 9864 of 2025 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY. DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, M.S BUILDING. BANGALORE - 01 2. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT. TUMKUR-577001 3. THE TAHSILDAR, GUBBI TALUK, TUMKUR DISTRICT -577001 4. THE CHIEF EXECUTIVE OFFICER, CITY MUNICIPAL COUNCIL, GUBBI TALUK. TUMKUR-577001 5. THE CHIEF OFFICER. TOWN PANCHAYATH, GUBBI TALUK, TUMKUR DISTRICT -577001 6. THE SUPERINTENDENT OF POLICE, TUMKUR DISTRICT- 577001 7. SRI. NARASIMHA MURTHY RAO.G.L. W/O. LATE LAKSHMAN RAO AGED ABOUT 52 YEARS. GUBBI TOWN AND TALUK. TUMKUR DISTRICT-577001. 8. JABIULLAHA, S/O. ABDUL BASHEER, AGED ABOUT 40 YEARS, GUBBI TOWN AND TALUK, TUMKUR DISTRICT-577001. - 5 - HC-KAR NC: 2025:KHC:39964-DB WP No. 9864 of 2025 9. SAJJAD PASHA, S/O BABU, AGED ABOUT 37 YEARS, GUBBI TOWN AND TALUK, TUMKUR DISTRICT-577001. 10. AFROZ G S. S/O. SHEIKH AHMED, AGED ABOUT 38 YEARS GUBBI TOWN AND TALUK, TUMKUR DISTRICT-577001. 11. JAMIA MASJID COMMITTEE, REP BY ITS PRESIDENT, R/O JAMIA MASJID, MARKET ROAD, GUBBI TOWN AND TALUK, TUMKUR -577001 12. JAMIA MASJID COMMITTEE, REP BY ITS SECRETARY, R/O JAMIA MASJID, MARKET ROAD, GUBBI TOWN AND TALUK, TUMKUR -577001 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R3 & R6 SRI. S MAHESH, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION, IN THE NATURE OF WRIT OF MANDAMUS, DIRECTING THE RESPONDENT AUTHORITIES TO INITIATE ACTION TO STOP THE CONSTRUCTION ACTIVITIES UNDERTAKEN BY THE RESPONDENT No. 11 AND 12 AS PER THE REPRESENTATIONS SUBMITTED BY THE PETITIONERS VIDE ANNEXURE-F, G, H, J AND K, TO THE RESPONDENTS 2 TO 6 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:39964-DB WP No. 9864 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Issue notice. 2. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3 and 6. 3. Sri S. Mahesh, learned counsel accepts notice for respondent No.5. 4. Notice to private respondents is dispensed with. 5. Petitioners have filed the present petition inter alia praying as follows: a. Issue a Writ, Order or direction, in the nature of Writ of Mandamus, directing the Respondent Authorities to initiate action to stop the construction activities undertaken by the Respondent No.11 and 12 as per the Representations submitted by the Petitioners Vide Annexure - F, G, H, J and K, to the respondents 2 to 6. - 7 - HC-KAR NC: 2025:KHC:39964-DB WP No. 9864 of 2025 b. Pass any other suitable Order or direction as this Hon'ble Court deems fit to pass in light of the facts and circumstances of the case, in the interest of justice and equity. 6. The petitioners are the residents of Gubbi Village and Taluk, Tumakuru District and belong to Adi Dravida Community. They claim that in terms of the Resolution dated 02.02.1990, sites measuring to an extent of 20 x 25 feet were allotted to persons belonging to Adi Dravida Community and other backward community in Sy. No.84/2 of Gubbi Village. The said sites were located on an area extending to two acres. They claim that they are residing in the locality consisting of more than 30 beneficiaries. The petitioners state that respondent No.7 was also allotted one site, but he has sold the same to respondent Nos.8 to 10 in terms of Sale Deed dated 14.10.2020. Thereafter, the said respondents executed the Gift Deed in favour of Jamia Masjid (respondent Nos.11 and 12). The petitioners are aggrieved on account of construction of a religious building (Masjid) by respondent No.12 on the plot which was granted for residential purposes in the residential locality. The petitioners had made representation - 8 - HC-KAR NC: 2025:KHC:39964-DB WP No. 9864 of 2025 objecting to the use of property for non residential purpose but their representation has not been considered. 7. Learned Additional Government Advocate submits that the representation made by the petitioners would be considered and if any construction is being raised contrary to law, necessary steps in this regard would be taken. 8. In view of the above, no further orders are required to be passed in the present petition. Respondent Nos.1 to 6 shall examine whether any construction is being raised as contrary to law and if it is found so, the concerned authority shall take necessary steps in accordance with law. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 6