- 1 - HC-KAR NC: 2025:KHC:30911 WP No. 56384 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.56384 OF 2018 (LB-RES) BETWEEN: 1. SRI KRISHNA NAYAK AGED ABOUT 67 YEARS S/O LATE SRI SRINIVASA NAYAK GULME HOUSE, KUNJIBETTU POST SHIVALLI VILLAGE, UDUPI TALUK. …PETITIONER (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. THE COMMISSIONER UDUPI CITY MUNICIPALITY K M MARG, UDUPI-576 101. 2. M/S SEREN ISLES RECREATION INDIA PVT LTD CHITPADY, UDUPI-576 101 REPRESENTED BY ITS DIRECTOR P. GOPALAKRISHNA NAIK. …RESPONDENTS (BY SRI. T I ABDULLA, ADVOCATE FOR R.1; R.2: SERVED.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.1 TO TAKE ACTION AGAINST Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30911 WP No. 56384 of 2018 THE CONSTRUCTION BY THE RESPONDENT NO.2 ON THE SCHEDULE LAND. ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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 case of the petitioner is that respondent No.2 is putting up construction on its property in violation of building bye-laws and sanctioned plan and the construction is illegal and unauthorized. He has made a representation to respondent No.1-City Municipality to initiate appropriate action against respondent No.2. However, no action has been initiated against respondent No.2 by respondent No.1. Hence, the present writ petition is filed with a prayer to direct respondent No.1 to initiate appropriate action against respondent No.2. 2. Respondent No.2 though served has remained unrepresented. - 3 - HC-KAR NC: 2025:KHC:30911 WP No. 56384 of 2018 3. Learned counsel for respondent No.1-City Municipality, upon instructions, submits that respondent No.1 will inspect the construction being put up by respondent No.2 and initiate appropriate action in accordance with law thereafter. His submission is placed on record. 4. Hence, the following: ORDER Respondent No.1 is directed to inspect construction being put up by respondent No.2 and initiate appropriate action in accordance with law, if it is found to be in violation of sanctioned plan and building bye-laws. The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 77