- 1 - HC-KAR NC: 2025:KHC:49504 WP No. 35247 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 35247 OF 2025 (LB-RES) BETWEEN: SRI. GIRISH B S/O. B. SHEKHARAPPA AGED ABOUT 51 YEARS R/AT NO.1779/A-17 20TH CROSS ROAD, VIDYANAGARA DAVANAGERE-577005. …PETITIONER (BY SRI. HIREMATHAD MAHESHAIAH RUDRAYYA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001 2. THE COMMISSIONER DAVANAGERE CITY CORPORATION, P.B. ROAD, DAVANAGERE-577002 3. THE ASSISTANT EXECUTIVE ENGINEER DAVANAGERE CITY CORPORATION, P.B. ROAD, DAVANAGERE-577002 …RESPONDENTS (BY SMT. SPOORTHY Y., HIGH COURT GOVERNMENT PLEADER) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CONFIRMATION Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49504 WP No. 35247 of 2025 ORDER PASSED BY THE 2ND RESPONDENT - THE COMMISSIONER, DAVANAGERE CITY CORPORATION, ISSUED TO DEMOLISH THE BUILDING OF THE PETITIONER, ORDER DATED 30.10.2025 BEARING NO.DAMAPA/NA, YO/CR/69/2025-26 U/SEC 321/3 OF KMC ACT- 1976, PRODUCED 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 learned counsel for the petitioner has filed a memo in view of an alternative remedy available under Section 443A of Karnataka Municipal Corporations Act, 1976. He has also sought for a liberty to file fresh petition before the District Court. 2. In view of the memo, the writ petition is dismissed as withdrawn. It is open for the petitioner to avail the alternative remedy of an appeal before the District Court. 3. Registry is directed to return the certified copy of the impugned order to the learned counsel for the petitioner after retaining a photocopy of the same. - 3 - HC-KAR NC: 2025:KHC:49504 WP No. 35247 of 2025 4. The time consumed in pursuing this petition shall be deducted while calculating the limitation applicable to the appeal. 5. In view of dismissal of main petition, pending interlocutory applications if any do not survive for consideration and the same stand rejected. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 24