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2025 DAILYLAW 75255 (KAR)

SRI RAKESH KUMAR v. STATE OF KARNATAKA

WP/21094/2022 · 2025-12-05

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51435 WP No. 21094 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 21094 OF 2022 (LB-RES) BETWEEN: SRI RAKESH KUMAR S/O LATE B JAGADISH AGED ABOUT 67 YEARS R/AT DOOR NO.2713/2 ADIPAMPA ROAD, V V MOHALLA MYSURU - 570002 REPRESENTED BY ITS GENERAL POWER OF ATTORNEY HOLDER, M/S. PRAMUR CONSTRUCTION PVT. LTD, MANAGING DIRECTOR, SRI. S PRAKASH …PETITIONER (BY SRI. AMSHITH HEGDE H S., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPT. OF URBAN DEVELOPMENT AUTHORITY, AMBEDKAR VEEDHI, VIKAS SOUDHA BENGALURU - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. MYSORE MAHANAGARA PALIKE MYSORE 570024 REPRESENTED BY ITS COMMISSIONER. 3. THE TOWN PLANNING OFFICER DEPARTMENT OF TOWN PLANNING MYSORE MAHANAGARA PALIKE MYSORE -570001 …RESPONDENTS Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51435 WP No. 21094 of 2022 (BY SRI. B. BOPANNA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SMT. M.P. GEETHA DEVI, ADVOCATE FOR RESPONDENT NOS.2 AND 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT AUTHORITIES TO ISSUE A COMPLETION CERTIFICATE IN RESPECT OF SCHEDULE PROPERTY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondent No.2 to issue a completion certificate in respect of the property bearing Municipal door No.2712/2 (CITB Site No.16) situate at Adipampa Road (VV Mohalla), Devaraja Mohalla, Mysore, with a building thereon measuring East to West 80 feet and North to South 100 feet (henceforth referred to as ‘the subject property’) . 2. The petitioner contends that he is the owner of the subject property where he has constructed a residential building after obtaining commencement certificate from the respondent No.2. He claims that the respondent No.2 had - 3 - HC-KAR NC: 2025:KHC:51435 WP No. 21094 of 2022 issued a notice dated 16.05.2018 directing the petitioner to remove the compound as well as the electric pole as the same were not in accordance with the sanctioned plan. The petitioner claims that as far as the electric pole is concerned, it is for Chamundeshwari Electric Supply Company (CESCOM) authorities to remove it. As regards the compound wall, the respondent No.3 was informed by the petitioner in terms of his communication dated 17.01.2019 that the property where the compound was laid was used for gardening and that he had no objection to clear the compound and hand over 2.06 Meters of land for the purpose of widening of the road to the respondent No.2 – Mysore Mahanagara Palike. He contends that despite several reminders and requests to issue a completion certificate, the respondents did not consider the same. Therefore, the petitioner was compelled to issue continuous representations dated 18.04.2018, 01.06.2018, 28.06.2018, 17.01.2019, 25.03.2019, 12.09.2020, 06.10.2020 and 27.12.2021. Since the same are not considered by the respondents, the petitioner is before this Court. 3. Learned counsel for the petitioner reiterated the above submissions and prayed that a direction be issued to the - 4 - HC-KAR NC: 2025:KHC:51435 WP No. 21094 of 2022 respondent No.2 to consider the representations and issue the completion certificate. 4. Learned counsel for respondent Nos.2 and 3 submitted that the building constructed by the petitioner would be inspected and if it is found to be in accordance with law, completion certificate would be issued in accordance with law. 5. In view of the aforesaid submission, this petition stands disposed off directing the respondent No.2 to consider the representations of the petitioner and if the building constructed by the petitioner is in accordance with the sanctioned plan, the respondent Nos.2 and 3 shall take immediate steps to issue a completion certificate. This shall at any rate be done within a period of three months from the date of receipt of a certified copy of this order. Sd/- (R. NATARAJ) JUDGE SMA/List No.: 1 Sl No.: 42