- 1 - HC-KAR NC: 2025:KHC:42167 WP No. 33440 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 33440 OF 2024 (LB-RES) BETWEEN: SMT.LATHA RAMESH W/O K R RAMESH, AGED 52 YEARS, R/O NO.603/1 SKANDA KRUPA CHOWDESHWARI TEMPLE STREET, VEERABHADRANAPET, DODDABALLAPUR - 561203 BANGALORE RURAL DISTRICT. …PETITIONER (BY SRI.PRAJWALA.S.N. ADVOCATE FOR SRI.AJITH KUMAR A.S., ADVOCATE) AND: 1. THE COMMISSIONER CITY MUNICIPAL CORPORATION, DODDABALLAPUR TOWN - 561203 2. THE DIRECTOR URBAAN DEVELOPMENT DEPARTMENT LAND AND BUILDING PLAN APPROVAL SYSTEM, CITY MUNICIPAL COUNCIL, DODDABLLAPUR TOWN - 561203. 3. SRI.GANGARAJ S/O NOT KNOWN, MAJOR, PAPER EDITOR R/O VIVEKANANDA NAGAR, THIPAPUR ROAD, NEAR WATER FILTER UNIT DODDABALLAPRU TOWN - 561203. …RESPONDENTS Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42167 WP No. 33440 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS, ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION PASSING THE ORDER PASSED BY RESPONDENT.NO.1 IN ORDER NO.NASADO/THOM.V/C.R/20/2024-2025 DATED-31.7.2024 IN RESPECT OF VACANT SITE PROPERTY BEARING PID.NO.16-1-504-12 KHATHA. NO. 1000/915/840/1 AND 1002/915/840/2 MEASURING (15.85 PLUS 14.02)/2 X(19.81 PLUS 22.86)/2 SITUATED AT VEERABHADRANAPET, GANDHI NAGAR, KALASIPALYA 16TH DIVISION, DODDABALLAPUR TOWN AT ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged a notice issued by the respondent No.1 bearing No.£À¸ÀzÉÆ/vÁA.«/¹.Dgï/20/2024-25 dated 31.07.2024, by which, the petitioner was called upon to stop the construction until she obtained a sanction of the building plan. 2. (i) The petitioner claims that she is the absolute owner in peaceful possession and enjoyment of her property, bearing old Khatha Nos.1000/915/840/1 and 1002/915/840/2 - 3 - HC-KAR NC: 2025:KHC:42167 WP No. 33440 of 2024 and PID No.16-1-504-12 situated at Kalasipalya, Gandhinagar 16th Division, Doddaballapur Town. She claims that the aforesaid property belonged to the respondent No.1, which had auctioned it on 21.02.1966. The said property was purchased by one Sri.K.Chikkurappa and thereafter, it was inherited by his son Sri.Ramachandraiah.K. At a partition between Sri.Ramachandraiah.K and Smt.Saraswathamma and their children one Sri.K.R.Venkatesh derived 4 properties, while Sri.K.R.Ramesh derived 3 properties including the properties in question. The partition was duly registered on 26.03.2018. The said Sri.K.R.Ramesh executed a gift deed in respect of the aforementioned properties in favour of the petitioner on 24.03.2001. (ii) The petitioner contends that a dilapidated house existed on the property, and the walls caved in due to heavy rains in the year 2022. Thereafter, she submitted a representation seeking permission to demolish the remaining portion of the house and upon inspection, the respondent No.1 permitted the petitioner to carry out the demolition. - 4 - HC-KAR NC: 2025:KHC:42167 WP No. 33440 of 2024 (iii) Thereafter, on 09.08.2023 the petitioner removed the remnants of the house and obtained a building plan for the construction thereon and submitted it before the respondent No.1. The petitioner submitted all the required documents to the respondent No.2 for approval of the building plan and issuance of licence. However, the respondent No.2 rejected the application for plan, stating that the property does not lie within the gramatana. The petitioner claims that the property lies within the gramatana and it is the respondent No.1 which had to issue the licence and approve the plan submitted. (iv) The petitioner claims that despite visiting the office of the respondent No.1, it has not taken any steps for the sanction of a licence and grant the building plan. The petitioner being aggrieved by the said rejection, is before this Court. 3. The learned counsel for the petitioner reiterated the above contentions and submitted that the respondent No.1 has now issued a notice dated 31.07.2024 calling upon the petitioner to stop the construction, failing which, steps would be initiated under Section 187 of the Karnataka Municipalities Act, 1964 (henceforth referred to as 'the Act, 1964). She - 5 - HC-KAR NC: 2025:KHC:42167 WP No. 33440 of 2024 therefore submits that the impugned notice is liable to be quashed, as the petitioner was always willing to comply with the conditions and produce the relevant documents for sanction of a plan by the respondent No.1. 4. A perusal of the impugned notice at Annexure - A shows that the petitioner had undertaken construction over the property without obtaining a plan and licence. The respondent No.1 therefore called upon the petitioner to stop the construction, which was undertaken without obtaining the plan, failing which, steps under Section 187 of the Act, 1964, would be initiated. This notice is not justiciable at the instance of the petitioner, as admittedly the petitioner has not obtained a plan and licence. Therefore, no indulgence can be shown to the petitioner in this writ petition. 5. Consequently, the petition is dismissed. It is however open for the petitioner to furnish the requisite documents before the respondent No.1 for sanction of a plan and licence within one month from the date of receipt of a copy of this order. If the requisite documents are furnished, the - 6 - HC-KAR NC: 2025:KHC:42167 WP No. 33440 of 2024 respondent No.1 shall pass appropriate orders within one month thereafter. 6. Until then, the petitioner shall not put up any construction. The respondent No.1 shall take all reasonable measures to ensure that the petitioner does not put up construction without obtaining a plan and licence. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 38