- 1 - HC-KAR NC: 2025:KHC:37307 WP No. 27656 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.27656 OF 2025 (LB-RES) BETWEEN: 1. 2. T G JAYAPRAKASH S/O LATE S M GANGADHAR AGED ABOUT 47 YEARS OCC: BUSINESS T G VISHWA PRAKASH S/O LATE S M GANGADHAR AGED ABOUT 44 YEARS OCC: BUSINESS THE PETITIONERS ARE R/AT 'YASHODHARA NILAYA' 3RD CROSS, GANDHINAGARA TUMAKURU-572 101. …PETITIONERS (BY SRI. S. V. PRAKASH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT M.S. BUILDING BENGALURU-560 001. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37307 WP No. 27656 of 2025 2. THE TUMAKURU CITY CORPORATION REPRESENTED BY ITS COMMISIONER TOWNHALL, BHAGAWAN MAHAVEER ROAD TUMAKURU-572 102. 3. THE ASSISTANT EXECUTIVE ENGINEER TUMAKURU CITY CORPORATION TOWNHALL, BHAGAWAN MAHAVEER ROAD, TUMAKURU-572 102. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP. FOR R.1; SRI R. SUBRAMANYA, ADVOCATE FOR R.2 AND R.3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 18.12.2024 BEARING TUMAPPPA/AASHA/CR-176/2024-25 ISSUED BY THE RESPONDENT NO.3 PRODUCED AS ANNEXURE-D TO THE WRIT PETITION, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:37307 WP No. 27656 of 2025 ORAL ORDER 1. On the ground that the petitioners have constructed shops in a space earmarked for parking in a building, the impugned notice has been issued by respondent No.3 to the petitioners directing them to produce the relevant records and show cause why suitable action should not be initiated against the petitioners. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioners is that they have put up shops in the area earmarked for constructing shops and not in the parking space. 3. What has been issued to the petitioners is only a show cause notice. The petitioners are always having the liberty to reply to the said show cause notice. If the petitioners are able to show that the parking space earmarked in the building has not been utilized for constructing shops, respondent No.3 cannot take any action against the petitioners. If they failed to show the - 4 - HC-KAR NC: 2025:KHC:37307 WP No. 27656 of 2025 same, respondent no.3 is always having the liberty to proceed against the petitioners in accordance with law. 4. The learned counsel for the petitioners further submits that petitioners have already submitted their reply to respondent No.3. However, it is submitted that no decision is taken on the same till today. 5. Under the circumstances, it is hereby ordered that respondent No.3 shall consider the reply of the petitioners before initiating any action against them in the manner known to law. 6. The writ petition is disposed of accordingly. Sd/- (M.I.ARUN) JUDGE VMB List No.: 2 Sl No.: 8