- 1 - HC-KAR NC: 2025:KHC-D:7826 WP No. 100638 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 100638 OF 2025 (LB-RES) BETWEEN: SMT. SIDDAVVA B. GAJENDRAGAD, W/O. BHARAMANNA GAJENDRAGAD, AGED ABOUT 68 YEARS, OCC: HOUSEWIFE, RESIDING AT CTS NO.3127/A, DOOR NO.5/10, YALLAPUR ONI, 69TH WARD, K.B. NAGAR, HUBBALLI-580 028. …PETITIONER (BY SRI. SUNILKUMAR BANGARI, ADVOCATE) AND: 1. THE COMMISSIONER, HUBBALLI-DHARWAD MUNICIPAL CORPORATION, WARD NO.47, SIR SIDDAPPA KAMBLI ROAD, BESIDE MINI VIDHAN SOUDHA, HUBBALLI-580 020. 2. THE ASSISTANT COMMISSIONER, ZONAL NO.11, OLD HUBBALLI, HUBBALLI DHARWAD MUNICIPAL CORPORATION, WARD NO.47, SIR SIDDAPPA KAMBLI ROAD, BESIDE MINI VIDHAN SOUDHA, HUBBALLI-580020. 3. SMT. YAMANAVVA RANGANAPET, W/O. MALLAPPA RANGANAPET, AGE: 72 YEARS, OCC: HOUSEWIFE, R/AT 66/11, KARKIBASAVESHWAR NAGAR, HUBBALLI-580 023. …RESPONDENTS (BY SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R1 & R2; SRI. GOURISHANKAR MOT, ADVOCATE FOR R3) CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7826 WP No. 100638 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (a) ISSUE AN APPROPRIATE WRIT/ORDER/DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING RESPONDENT NO.2 TO CONSIDER THE REPRESENTATIONS DATED 11/09/2024 AND 08/10/2024 AS PER ANNEXURE-C AND D. (b) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO TAKE APPROPRIATE ACTION IN ACCORDANCE WITH LAW UNDER SECTION 321 OF KARNATAKA MUNICIPAL CORPORATION ACT AND FURTHER DIRECT TO REMOVE ILLEGAL CONSTRUCTIONS AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard learned counsel for the petitioner and learned counsel for respondents No.1 and 2 as well as learned counsel appearing for the 3rd respondent. 2. Present petition is filed seeking writ of mandamus for direction to the 2nd respondent to consider the representations dated 11.09.2024 and 08.10.2024. Consequently, seeking for a direction to respondents to - 3 - HC-KAR NC: 2025:KHC-D:7826 WP No. 100638 of 2025 take action in accordance with law under Section 321 of the Karnataka Municipal Corporation Act, 1976. 3. Petitioner claims to be the absolute owner and in possession of the property bearing CTS No.3127/A, House No.5/10 (PID No.66/10) situated at Yallapur Oni, 69th Ward, Karki Basaveshwar Nagar, Hubli to an extent of 875 square feet in total. 4. It is the contention of petitioner that one Yamanavva, respondent No.3 started construction of building on her site bearing No.6/11 illegally, located eastern side of the petitioner’s house without sanction, thereby not leaving setback area. Accordingly, he made representations to respondent No.2 to take action against illegal construction being put up by the 3rd respondent. 5. During pendency of this petition, this Court pursuance to the issuance of notice, directed respondent No.2 to conduct inspection of the property of respondent No.3 bearing PID No.66/10 of Hubballi, to ascertain, if - 4 - HC-KAR NC: 2025:KHC-D:7826 WP No. 100638 of 2025 there is any plan sanction granted in respect of the said property, if so, whether the construction is in accordance with the plan sanction and/or building bye-laws, and if not, what are the deviations, in terms of the setback, total construction and ground coverage. 6. 6. In pursuance to the order of this Court, respondent No.2 has conducted the inspection and submitted a report. According to respondent No.2, the report says that the construction has been put up without obtaining the sanction plan, in view of same, the present petition will have to be allowed and the respondents would have to be directed to initiate action in accordance with law based on the report. Accordingly, I pass the following : ORDER (a) Petition is allowed. (b) Writ of mandamus is issued directing respondent No.2 to consider the representations dated 11.09.2024 and - 5 - HC-KAR NC: 2025:KHC-D:7826 WP No. 100638 of 2025 08.10.2024 made by petitioner, so also the inspection report furnished before this Court and initiate suitable action in accordance with law against respondent No.3 or the concerned, if found to be true and correct. (c) It is needless to mention that while doing so, the 2nd respondent shall provide reasonable opportunity of hearing to the 3rd respondent before passing any orders. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 1 Sl No.: 52