SRI. V M DAYANANDA KUMAR S/O V MALLIKARJUNA v. THE SECRETARY
WP/100901/2025 · 2025-08-01
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84126 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84126 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:9515 WP No. 100901 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 100901 OF 2025 (LB-RES)
BETWEEN:
SRI. V.M. DAYANANDA KUMAR S/O. V MALLIKARJUNA, AGE: 45 YEARS, OCC. BUSINESS, R/O. VIVEKANANDA COLONY, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL. …PETITIONER (BY SRI. MAHABALESHWAR HASINAL AND SRI VIJAY S. CHINIWAR, ADVOCATES)
AND:
1. THE SECRETARY THE DEPARTMENT OF MUNCIAL ARBITRATION AND URBAN DEVELOPMENT, GOVT. OF KARNATAKA, VIDHANSOUDHA, BANGALORE. 2. THE COMMISSIONER THE CITY MUNCIPALITY, CMC, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL. 3. THE SECRETARY THE TOWN PLANNING AUTHORITY, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1;
SRI. SHARANABASAVA, ADVOCATE FOR R2;
SRI. RAJASHEKAR GUNJALLI, ADVOCATE FOR R3)
Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:9515 WP No. 100901 of 2025
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 NOT TO OBSTRUCT THE CONSTRUCTION OF THE HOUSE ON THE PLOT BELONGING TO THIS PETITIONER IN ACCORDANCE WITH THE PLAN SUBMITTED TO HIM AND ETC.,. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs: a. In the nature of MANDAMUS directing the Respondent No.2 not to obstruct the construction of the house on the plot belonging to this petitioner in accordance with the plan submitted to him. b. Issue any order or writ to which the petitioner is deemed fit under the circumstance of the case, in the interest of justice and equity. 2. The relief sought for is a mandamus directing respondent No.2 not to obstruct in the construction of the house on the plot belonging to the petitioner, cannot be granted. If at all, the respondents need to take any action against the petitioner, they would have to issue a notice, which could be replied to by
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HC-KAR NC: 2025:KHC-D:9515 WP No. 100901 of 2025
the petitioner and necessary action could be taken in accordance with law. 3. With the above observation, the petition stands dismissed.
Sd/- (SURAJ GOVINDARAJ) JUDGE
AM List No.: 1 Sl No.: 5