- 1 - HC-KAR NC: 2025:KHC:54401 WP No. 34773 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 34773 OF 2025 (LB-RES) BETWEEN: 1. SMT. SHASHIKALA SHASHIDHAR SHETTY AGED ABOUT 53 YEARS W/O. SHASHIDHARA KALU SHETTY 2. SHASHIDHAR KALU SHETTY S/O. KALU SHETTY BOTH THE PETITIONERS ARE R/AT B-207, SAI GANESH APARTMENT, MOTHER MARRY SCHOOL ROAD, SHANTI PARK SHREE PRASTHA NALASOPARA WEST SOPARA, THANE, MUMBAI MAHARASHTRA-401203 …PETITIONERS (BY SRI. NATARAJA BALLAL A., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY GOVERNMENT DEPARTMENT OF REVENUE M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560009 2. DEPUTY COMMISSIONER UDUPI DISTRICT 'RAJATADRI', MANIPAL, UDUPI-576104 3. THE TASHILDAR OFFICE OF THE TASHILDAR AND TALUK MAGISTRATE KAPU TALUK, KAPU-574106. Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54401 WP No. 34773 of 2025 4. THE CHIEF OFFICER KAUP MUNICIPALITY KAUP, UDUPI DIST.-574106 …RESPONDENTS (BY SRI. H.K.KENCHEGOWDA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 3; SRI. SHYAM KOUNDINYA A.S., ADVOCATE FOR CAVEATOR/RESPONDENT NO.4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED 12.09.2025 ISSUED BY THE RESPONDENT NO.3 BEARING NO.N.C.R.CR.64/2025/E-226090 TO THE RESPONDENT NO.4. (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 petitioners have called in question a letter bearing No.J£ï.¹.Dgï64/2025/E-226090 dated 12.09.2025 issued by respondent No.3 calling upon them to vacate a portion of the property belonging to them. He has sought for a writ in the nature of mandamus to implement the No Objection issued to the petitioners in respect of the property bearing Sy. No.30/4A1B measuring 8.22 cents situate at Padu Village, Kaup Taluk. - 3 - HC-KAR NC: 2025:KHC:54401 WP No. 34773 of 2025 2. (i) The petitioners contend that they are the owners of the property bearing Sy.No.30/4A141 situated at Padu Village of Kaup Taluk. They contend that a portion of Sy.N.30/4A1B lying on the south-western side of their property belongs to respondent No.4. They contend that respondent No.4 had issued a no objection permitting them to use a portion of the land in Sy.No.30/4A1B as access to their property. They contend that the land was converted for residential purpose and thereafter for commercial use. While, granting conversion for commercial use, respondent No.3 approved access to the petitioners' property through Sy.No.30/4A1B. (ii) Consequent thereto, the petitioners constructed a hotel after obtaining the necessary permissions and licence. (iii) It is contended that the property bearing No.30/4A1B was gifted to respondent No.4 by its owner for the purpose of construction of a bus stand. However, instead of utilizing the property for the said purpose, respondent No.4 allowed it to be used as a dumping yard, thus rendering the entrance to the petitioners' hotel unsightly. The petitioners - 4 - HC-KAR NC: 2025:KHC:54401 WP No. 34773 of 2025 therefore submitted a representation to respondent No.4 for development of the said property as a green area. Pursuant thereto, respondent No.4 granted permission to the petitioners which was subject to certain conditions. (iv) The petitioners contend that they spent a sum of Rs.4,00,000/- to Rs.5,00,000/- for developing the said area and also constructed a parapet wall to prevent soil erosion. They contend that respondent No.3 issued a notice dated 08.05.2025 to remove the parapet wall, pursuant to which, the parapet wall was removed. The petitioners further contend that respondent No.4 has now issued the impugned letter calling upon them to vacate the premises belonging to it and to restore possession. The petitioners are therefore before this Court. 3. When this petition was listed on 11.12.2025 this Court passed the following order: "Learned Additional Government Advocate is directed to accept notice for respondent Nos.1 to 3. Sri.Shyam Koundinya A.S., learned counsel is directed to accept notice for respondent No.4. - 5 - HC-KAR NC: 2025:KHC:54401 WP No. 34773 of 2025 After hearing the learned counsel for the petitioner and the learned counsel for the respondent No.3, this Court felt it appropriate to permit the petitioner to tile the area, which belongs to the respondent No.4 and file an undertaking that he shall not claim that area and shall also not claim any equity in the event the respondent No.4 desires to use it for any beneficial purposes. He shall also undertake that the well situated in that area shall be kept open for use of the general public and shall allow access to the respondent No.4. List this petition on 15.12.2025." 4. In accordance with the above, the petitioners have filed an affidavit dated 15.12.2025 stating therein that: "2. We submit that in deference to the orders of this Hon'ble Court dated 11/12/2025, we state that we may be permitted to level the land and also lay the tiles and hollow blocks and restore the same in front of our commercial building, which is owned by the Respondent No.4 herein, as shown in the photographs at ANNEXURE-S, however the Respondent No.4 shall also not block the access road to our commercial building as per approved sanction plan. 3. We hereby undertake that we will not claim that area of land and shall also not claim any equity in the event the Respondent No.4 desires to use it for - 6 - HC-KAR NC: 2025:KHC:54401 WP No. 34773 of 2025 any beneficial purposes and also undertake that the water well situated in that area of land shall be kept open for use of the general public and that the Respondent No.4 shall have access to the said land." 5. Having regard to the fact that the petitioners have constructed a hotel and the property in question lies in front of the said hotel, the same requires to be maintained in a proper condition so that it does not become an eyesore to the public who visit the hotel. These hotels spur development and create employment and therefore respondent No.4 should not indulge in activities which affect the running of the hotel, so long as it operates within the parameters prescribed by law. It is therefore appropriate to permit the petitioners to maintain the land in Sy.No.30/4A1B in a neat and orderly condition and if necessary, by laying tiles. It is made clear that the petitioners shall not in any manner, claim any right, title or interest in respect of the property belonging to respondent No.4. Whenever respondent No.4 requires the land in Sy.No.30/4A1B for any public purpose, the petitioners shall, without demur, hand over possession of the same to respondent No.4. Until then the petitioners are permitted to maintain the area in a - 7 - HC-KAR NC: 2025:KHC:54401 WP No. 34773 of 2025 neat condition, including by laying tiles and ensure cleanliness of the space. The well situated in Sy.No.30/4A1B shall be kept open for use of the general public and the respondent No.4 will have unrestricted access to the land in Sy.No.30/4A1B as well as the well located therein. 6. The writ petition stands disposed off on the above terms. If the petitioners have any other alternative access, they are entitled to use the same. 7. In view of disposal of main petition, pending interlocutory applications, if any do not survive for consideration and same stand rejected. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 24