Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 83249 (KAR)

SWAMY GOWDA v. THE STATE OF KARNATAKA

WP/17145/2025 · 2025-08-01

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:29830 WP No. 17145 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.17145 OF 2025 (LB-RES) BETWEEN: 1. SWAMY GOWDA S/O LATE MARILINGE GOWDA, AGED ABOUT 64 YEARS, R/AT #95, BEHIND MURALI HOTEL, B M ROAD, NEAR GEORGE WORK SHOP, HUNSUR TOWN, KALKUNIKE, MYSORE, KARNATAKA-571 1085 2. ANUSHA S., C/O RAGHU, AGED ABOUT 28 YEARS R/AT NO.1157, MARIGUDI BEEDI, KALKUNIKE, VTC HUNSUR, HUNSUR PO, HUNSUR SUB DISTRICT, MYSORE DISTRICT, KARNATAKA - 571 105. 3. PRIYANKA THOMAS, W/O THOMAS XAVIER, D/O MUTTAPPA M M AGED ABOUT 38 YEARS, RESIDING AT #09 HUNSUR CITY, NARASIMHASWAMY BADAVANE, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29830 WP No. 17145 of 2025 HUNSUR, MYSORE KARNATAKA - 571 105. 4. BHAVYA S C, W/O CHANDHRASEKHAR, AGED ABOUT 34 YEARS, R/AT #2130, OLD K R NAGARA ROAD, HUNSUR CITY, KALKUNIKE, MYSORE, KARANATAKA - 571 105. 5. MANU S., S/O SHIVALINGA H., AGED ABOUT 32 YEARS, R/AT #225, HUNSUR TOWN, CHIKKA HUNSUR, HUNSUR, MYSORE, KARNATAKA - 571 105. 6. RANJITHA P., W/O HARISH R., AGED ABOUT 26 YEARS, R/AT #27, V P BORE, NEAR LEELA CHITHRAMANDIRA, HUNSUR TOWN, HUNSUR, MYSORE, KARNATAKA-571 105. …PETITIONERS (BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR SRI./SMT. SIJI MALAYIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT M.S. BUILDING, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. - 3 - HC-KAR NC: 2025:KHC:29830 WP No. 17145 of 2025 2. THE CITY MUNICIPAL COUNCIL, HUNSUR, NEAR TOWN HALL, MYSURU DISTRICT, KARNATAKA-571 105 REPRESENTED BY ITS MUNICIPAL COMMISSIONER. 3. 4. MRS. RANJITHA H B, PROPRIETOR OF M/S CAUVERY SUPER SPECIALITY HOSPITAL, AT BM BYPASS ROAD, HUNSUR, MYSURU DISTRICT, KARNATAKA-571 105. THE DISTRICT HEALTH OFFICER, MYSORE DISTRICT, MYSORE KARNATAKA-570 010. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R.1 AND R.4; SRI S.B. TOTAD, ADVOCATE FOR R.2; R.3: NOTICE DISPENSED WITH VIDE COURT ORDER DATED 01.08.2025.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO TAKE IMMEDIATE ACTION FOR THE COMPLAINT OF THE PETITIONERS PRODUCED HEREWITH AS ANNEXURE-L DATED 06.03.2024; ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO - 4 - HC-KAR NC: 2025:KHC:29830 WP No. 17145 of 2025 CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Petitioners are counselors of the second respondent - Hunsur, City Municipal Council. They are aggrieved by the inaction of the second respondent against third respondent in respect of a construction being done within the limits of Hunsur City Municipal Council. 2. The learned counsel appearing for the second respondent upon instructions submits that the writ petition is in the nature of a Public Interest Litigation (PIL). 3. Admittedly, no right of the petitioners have been violated. The writ petition is in the nature of a public interest writ petition. For that reason, the writ petition is hereby dismissed reserving the liberty to the petitioners to file a public interest writ petition, if they are so advised. - 5 - HC-KAR NC: 2025:KHC:29830 WP No. 17145 of 2025 4. It is needless to state that irrespective of the dismissal of the writ petition, the second respondent is expected to act in accordance with law and dismissal of the writ petition does not come in the way of respondent No.2 to act against respondent No.3 in accordance with law, if there is any violation by respondent No.3 as alleged. 5. In the light of dismissal of the writ petition, notice to respondent no.3 is dispensed with. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 25