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2025 DAILYLAW 77023 (KAR)

SRI. P MANJUNATH v. THE STATE OF KARNATAKA

WP/27685/2025 · 2025-11-07

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45189 WP No. 27685 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 27685 OF 2025 (LB-RES) BETWEEN: SRI. P MANJUNATH S/O LATE PAPANNA AGED ABOUT 45 YEARS R/AT SHREE YASHODHA NILAYA BRAHMANARA BEEDI, CHIKKAKERE BAGILU ANEKAL TOWN - 562106 …PETITIONER (BY SRI. RUPESH R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIDHANASOUDHA, BENGALURU -001 2. THE CHIEF OFFICER ANEKAL TOWN MUNICIPAL COUNCIL ANEKAL, BENGALURU - 562106 …RESPONDENTS (BY SRI. LOKESH K M, ADVOCATE FOR R1 AND R2) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO ISSUE OCCUPANCY CERTIFICATE BY CONSIDERING REPRESENTATION DTD. 25.07.2025 (ANNX-C). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45189 WP No. 27685 of 2025 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 the occupancy certificate by considering his representation dated 25.07.2025. 2. The petitioner being the owner of a property bearing Khatha No.219/379/B situated at Anekal Town, sought for a building licence and plan from the respondent No.2. Accordingly, the respondent No.2 issued the building licence dated 08.10.2024 as well as sanctioned a building plan. The petitioner claims that he constructed the building in accordance with the plan and requested the respondent No.2 for an occupancy certificate by a representation dated 25.07.2025. However, the said representation is not considered. The petitioner is therefore before this Court seeking for a direction to the respondent No.2 to consider the representation. 3. The learned counsel for the petitioner reiterated the above contentions and prayed that the respondent No.2 be - 3 - HC-KAR NC: 2025:KHC:45189 WP No. 27685 of 2025 directed to consider the representation and issue occupancy certificate. 4. Learned counsel for the respondent No.2 has filed a memo and enclosed therewith certain documents. These documents disclose that based on the representation filed by the petitioner, the respondent No.2 had addressed a letter dated 13.08.2025 to the Member Secretary and Joint director of Town and Country planning, Anekal Development Authority, seeking for a technical opinion for granting an occupancy certificate. It also reveals that the Town Planning Authority, in terms of its letter dated 30.08.2025 called upon the petitioner to furnish certain documents which were accordingly furnished. The Anekal planning authority, in terms of its letter dated 28.10.2025 was of the opinion that the construction put up by the petitioner was not in accordance with the sanctioned plan and therefore rejected the request for technical opinion. Following this, the respondent No.2 has issued an endorsement dated on 03.11.2025, which purportedly has been received by the petitioner. - 4 - HC-KAR NC: 2025:KHC:45189 WP No. 27685 of 2025 5. In view of the above, the representation filed by the petitioner is already considered by the respondent No.2 and therefore, no purpose would be served in issuing any further direction to the respondent No.2. If the petitioner is so advised, he may challenge the endorsement in accordance with law. 6. The writ petition stands disposed off on the above terms. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 9