- 1 - HC-KAR NC: 2025:KHC:46977 WP No. 45552 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 45552 OF 2019 (LB-RES) BETWEEN: PERMUDE GRAMA PANCHAYATH, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT-575001 (REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER) …PETITIONER (BY SRI.P.P.HEGDE, SENIOR ADVOCATE FOR SRI.VENKATESH SOMAREDDY, ADVOCATE) AND: 1. TALUK PANCHAYATH, MANGALURU, DAKSHINA KANNDA DISTRICT-575001 (REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER) 2. EXECUTIVE OFFICER TALUK PANCHAYATH MANGALURU, DAKSHINA KANNADA DISTRICT-575001 3. MR.ZAKIR AHMED S/O MOHAMMED SULEMAN AGED ABOUT 59 YEARS, RESIDING AT GULAB BAGH, AL-FATHIMA MANZIL, PERMUDE POST, THENKA YEKKAR VILLAGE, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT-575005 Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46977 WP No. 45552 of 2019 4 MANGALORE URBAN DEVELOPMENT AUTHORITY KULOOR FERRY RD, URWASTORE, MANGALURU - 575006 (REPRESENTED BY ITS COMMISSIONER) 5 MANGALURU CITY POLICE NEAR POLICE TRAINING SCHOOL, PANDESHWAR, MANGALORE-575001 (REPRESENTED BY COMMISSIONER OF POLICE) 6 THE PANCHAYAT RAJ DEPARTMENT, REP.BY DAKSHINAKANNADA ZILLA PANCHAYATH CHIEF EXECUTIVE OFFICER, ASHOK NAGAR POST, KOTTAR, MANGALORE - 575006. [AMENDED VIDE ORDER DATED 29.11.2019] …RESPONDENTS (BY SRI.A.K.VASANTH, ADVOCATE FOR RESPONDENT NO.1; SRI.SHARANJITH SHETTY K., ADVOCATE FOR RESPONDENT NOS.2 AND 6; SRI.S.RAJASHEKAR, ADVOCATE FOR RESPONDENT NO.3; SRI.HAREESH BHANDARY, ADVOCATE FOR RESPONDENT NO.4; SRI.B.BOPANNA, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT 5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 03.06.2019 BEARING NO. NUM. vÁ.¥À.ªÀÄA:ªÉÄÃ-14:17-18:MG1 AND 19.06.2019 AND BEARING NO. vÁ¥ÀAªÀÄA:vÁ.¥ÀA.ªÉÄÃ-14:17-18JAf: PASSED BY RESPONDENT NO.2 AT ANNEXURE A AND B RESPECTIVELY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:46977 WP No. 45552 of 2019 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of certiorari to quash the orders bearing No.vÁ.¥À.ªÀÄA:ªÉÄÃ-14:17-18:MG1 dated 03.06.2019 and No.vÁ¥ÀAªÀÄA:vÁ.¥ÀA.ªÉÄÃ-14:17-18JAf: dated 19.06.2019 passed by the respondent No.2. It has also sought for a direction to the respondent Nos.1, 2, 4 and 5 to take immediate steps for removal of the unauthorized construction put up by the respondent No.3 in survey No.145/15AP3-P2 and adjoining lands. 2. The petitioner, which is a Panchayath and represented by its Panchayath Development Officer, has filed this writ petition primarily contending that the respondent No.2 had passed the impugned orders directing the petitioner to assign a door number by obtaining an indemnity from the respondent No.3 that he would not object against removal of a pillar constructed in the road margin area. It is stated that the respondent No.4 had authorized the respondent No.3 to construct a building and that the respondent No.3 had violated the plan and had put up unauthorized construction. Therefore, the petitioner has claimed - 4 - HC-KAR NC: 2025:KHC:46977 WP No. 45552 of 2019 that assigning a door number to a property that is unlawful would amount to regularizing the construction. 3. When this petition was listed and was taken up for final disposal, the learned Senior Counsel for the petitioner fairly submitted that the order passed by the respondent No.2 was challenged before the Zilla Panchayath and that the Zilla Panchayath has passed an order dated 08.05.2020 and hence, the order passed by the Taluk Panchayath no longer exists. He therefore submits that relief No.1 sought for does not survive for consideration. He however submits that relief No.2 namely to direct the respondent No.4 to take action against the unauthorized construction put up by the respondent No.3 survives for consideration. He therefore prays that suitable direction be issued to the respondent No.4 to take action in accordance with law against the unauthorized construction put up by the respondent No.3. 4. The learned counsel for the respondent No.3 submitted that there is no unauthorized construction and that the construction is in accordance with the plan sanctioned by the respondent No.4. - 5 - HC-KAR NC: 2025:KHC:46977 WP No. 45552 of 2019 5. In view of the fact that the respondent No.4 has sanctioned a building plan authorizing the respondent No.3 to put up construction, if the petitioner has any grievance against the unauthorized construction, the same has to be remedied and rectified by the respondent No.4 in accordance with law. Therefore, this writ petition deserves to be disposed off on the following terms: ORDER i) The writ petition is disposed off. ii) The challenge to the order bearing No.vÁ.¥À.ªÀÄA:ªÉÄÃ- 14:17-18:MG1 dated 03.06.2019 and the order bearing No.vÁ¥ÀAªÀÄA:vÁ.¥ÀA.ªÉÄÃ-14:17-18JAf: dated 19.06.2019 passed by the respondent No.2 has now become academic and is therefore rejected. However, relief No.2 namely to direct the respondent No.4 to take action is granted. iii) The petitioner is directed to file appropriate representation before the respondent No.4 informing about the alleged illegal or unauthorized construction put up by the respondent No.3 and the - 6 - HC-KAR NC: 2025:KHC:46977 WP No. 45552 of 2019 respondent No.4 shall take necessary proceedings as permitted in law against the respondent No.3 as well as the building constructed by him. It is needless to mention that any action that may be taken by the respondent No.4 shall be in accordance with law and after hearing the petitioner as well as the respondent No.3. iv) The petitioner shall file appropriate representation with the respondent No.4 within one month from the date of receipt of a copy of this order. The respondent No.4 shall pass appropriate orders within three months thereafter. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 0