- 1 - HC-KAR NC: 2025:KHC:36119 WP No. 14317 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 14317 OF 2025 (LB-RES) BETWEEN: 1. SRI SADASHIVA SHETTY, AGED ABOUT 64 YEARS, 2. SMT. PREMA SHEDTHI AGED ABOUT 58 YEARS, 3. SRI. SUKUMAR SHETTY, AGED ABOUT 48 YEARS, 4. SMT. HEMA SHETTY, AGED ABOUT 43 YEARS, ALL ARE CHILDREN OF LATE SANJEEVI SHETTY, ALL R/A BAILUMANE, DURGA VILLAGE POST: TELLAR - 574 104 KARKALA KASABA UDUPI DISTRICT. …PETITIONERS (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. SMT SAROJINI SHEDTHI D/O LATE DEVAPPA CHOWTA, AGED ABOUT 73 YEARS, MEGINA MANE, KARKALA KASABA - 574 104, UDUPI DISTRICT. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36119 WP No. 14317 of 2025 2. SMT. RATHNA SHEDTHI, D/O LATE DEVAPPACHOWTA, AGED ABOUT 71 YEARS, MEGINA MANE, KARKALA KASABA 574 104, UDUPI DISTRICT. 3. SMT. SUMANGALA SHEDTHI, D/O LATE DEVAPPA CHOWTA, AGED ABOUT 68 YEARS, MEGINA MANE, KARKALA KASABA - 574 104, UDUPI DISTRICT. 4. SMT. SANDHYA SHEDTHI, D/O LATE DEVAPPA CHOWTA, AGED ABOUT 66 YEARS, MEGINA MANE, KARKALA KASABA - 574 104, UDUPI DISTRICT. 5. SMT. SUMATHI SHEDTHI D/O LATE DEVAPPA CHOWTA, AGED ABOUT 63 YEARS, MEGINA MANE, KARKALA KASABA 574 104, UDUPI DISTRICT. 6. THE CHIEF OFFICER, KARKALA MUNICIPALITY KARKALA 574 104 UDUPI DISTRICT. …RESPONDENTS (BY SRI. MOHAN RAO P.R., ADVOCATE FOR R1 TO R5 & SRI V R.PRASANNA., ADVOCATE FOR R6) - 3 - HC-KAR NC: 2025:KHC:36119 WP No. 14317 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO NOT TO ISSUE LICENSE, PERMISSION, APPROVAL FOR CONSTRUCTION ON THE SCHEDULE LAND AND ETC., THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Aggrieved by the construction being put up by respondent Nos.1 to 5 on the property which is the subject matter of the writ petition, the present writ petition is filed with the following prayers: "a) Not to issue licence, permission, approval for construction on the Schedule Land. b) Directing the Respondent no.6 to order demolition of the construction on the Schedule Land. c) Grant such other relief as this Hon'ble Court deems fit to grant." - 4 - HC-KAR NC: 2025:KHC:36119 WP No. 14317 of 2025 2. The case of the petitioners is that the construction is being put up by respondent Nos.1 to 5 on the property without obtaining the necessary approval from respondent No.6-Municipality. 3. Learned counsel for respondent Nos.1 to 5 submits that, they have presently stopped the construction and further construction will be undertaken only after obtaining the necessary license and permission from respondent No.6 and not otherwise. It is further submitted that if the permission is not granted, then they will remove the construction that has been put up. His submission is placed on record. 4. Learned counsel for respondent No.6 submits that it will not permit respondent Nos.1 to 5 to put up a construction without obtaining the necessary permission. His submission is placed on record. 5. Hence, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC:36119 WP No. 14317 of 2025 ORDER i. The Writ Petition is hereby disposed of. ii. Respondent Nos.1 to 5 are restrained from putting up any construction on the property, which is the subject matter of the writ petition, without obtaining the necessary permission from respondent No.6. iii. If any construction is put up without obtaining the necessary permission, respondent No.6 is at liberty to initiate appropriate action against respondent Nos.1 to 5 in the manner known to law. SD/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 54