- 1 - HC-KAR NC: 2026:KHC:15466 WP No. 27042 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 27042 OF 2024 (LB-RES) BETWEEN: 1. SRI N B RAGHAVENDRA S/O. LATE N. V. BASAVARAJU, AGED ABOUT 48 YEARS, RESIDING AT WARD NO. 6, NEAR BRAHMAN KALYAN MANTAP, TANK ROAD, NAGAMANGALA, MANDYA DISTRICT - 571 432. 2. SRI. H. S. SRINIVASA MURTHY, S/O. LATE SUBBARAO, AGED ABOUT 76 YEARS, RESIDING AT RAMAPURA ROAD, VINAYAKA EXTENSION, HULLAHALLI, NANJANGUD TALUK, MYSORE DISTRICT - 571 314. 3. SRI. MADHUKESH M.NADGIR, S/O. M. G. NADGIR, AGED ABOUT 49 YEARS, RESIDING AT NO. 382, 1ST A CROSS, 7TH BLOCK, KORAMANGALA LAYOUT, KORAMANGALA, 6TH BLOCK, BANGALORE SOUTH, BANGALORE URBAN DISTRICT - 560 095 Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15466 WP No. 27042 of 2024 4. SRI. CHIKKAMMA W/O. DEVASHETTI GOWDA , AGED ABOUT 70 YEARS RESIDING AT MULUKATTE VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT - 571 432. 5. SRI. M. N. VIJAYA KUMAR, S/O. M. N. NAGARAJU, AGED ABOUT 39 YEARS, RESIDING AT WARD NO. 6, TANK ROAD, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 432. 6. SRI KRISHNA SHETTY S/O. LATE KEMPA SHETTY, AGED ABOUT 60 YEARS, RESIDING AT KARPOORVALLI VILLAGE, SALIGRAMA TALUK, MYSORE DISTRICT - 571 604. 7. SRI. K. B. KULKARNI S/O. LATE B. V. KULKARNI, AGED ABOUT 78 YEARS, RESIDING AT NO. 5-8, 'VIJAYA GALAXY', MARUTHI NAGAR, KAMAKSHI PALYA, BANGALORE NORTH, BANGALORE - 560 079 …PETITIONERS (BY SRI. SATISH K.,ADVOCATE) AND: 1. THE MYSORE URBAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, - 3 - HC-KAR NC: 2026:KHC:15466 WP No. 27042 of 2024 JHANSI LAKSHMIBAI ROAD, MYSORE - 570 005. 2. THE ZONAL OFFICER, ZONE - 6, MYSORE URBAN DEVELOPMENT AUTHORITY JHANSI LAKSHMIBAI ROAD, MYSORE 570 005. 3. SRI. MALLEGOWDA, S/O. LATE MALLEGOWDA, MAJOR, RESIDING AT YANDAHALLI VILLAGE, VARUNA HOBLI, LALITHADRIPURA POST, MYSORE - 570 028. …RESPONDENTS (BY SRI T.P. VIVEKANANDA ,ADVOCATE FOR R1 AND 2; SMT B.V.VIDYULATHA, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE R-2 PERTAINING TO THE IMPUGNED ORDER DATED 25.07.2024 (ANNX-R).QUASH IMPUGNED ORDER DATED 25.07.2024 BEARING NO. MAINAPRAA/VA.KA-6/238/24-25 PASSED BY THE R-2 (ANNX-R) AND CONSEQUENTLY DIRECT THE R-1 AND 2 TO PERMIT THE PETITIONERS FOR DEVELOPING THE LAND IN SY.NO. 78/3, 78/4, 78/5, 78/6, 78/7, 78/8 AND 78/9 TOTALLY MEASURING 2 ACRES 34-8 GUNTAS SITUATED AT YANDALLI VILLAGE, VARUNA HOBLI, MYSORE TALUK AND DISTRICT, IN ACCORDANCE WITH THE APPROVED LAYOUT PLAN DTD. 23.08.2023 (ANNX-B) BEARING NO. /11/2023-24 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 4 - HC-KAR NC: 2026:KHC:15466 WP No. 27042 of 2024 ORAL ORDER Petitioners have developed a private layout in several survey numbers in Yandalli Village, Varuna Hobli, Mysore Taluk and District. They have obtained the necessary plan sanction from respondent No.1. However, the said plan sanction was temporarily suspended by issuing an endorsement at Annexure-R to the Writ petition by respondent No.1 on the ground that respondent No.3, who happens to be neighbour of the petitioners' layout had made a complaint against the manner in which the layout was being developed and that it caused a nuisance to his property and consequently his property was being damaged. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioners is that once layout plan has been sanctioned, the petitioners have developed the property in accordance with the said layout plan and respondent Nos.1 and 2 had no authority in law to cancel the same merely on the complaint of respondent No.3. - 5 - HC-KAR NC: 2026:KHC:15466 WP No. 27042 of 2024 3. However, the respondents together submit that while sanctioning the Layout Plan the interest of respondent No. 3 was not considered or taken into account. As a result of which much water from the petitioners' property flowed on to the land of respondent No.3 causing water logging and damaging the utilization of the said property. In the meanwhile, respondents have found a solution for the problem faced by respondent No.3 and have suggested construction of a Storm Water Drain on the property of the petitioners which abuts the property of respondent No. 3. Petitioners have agreed for the same. Hence, the following: ORDER (i) The endorsement dated 25.07.2024, vide Annexure-R to the writ petition is hereby set aside, provided, petitioners shall construct the necessary Storm Water Drain as specified by respondent Nos.1 and 2. - 6 - HC-KAR NC: 2026:KHC:15466 WP No. 27042 of 2024 (ii) Respondent Nos.1 and 2 shall forthwith conduct necessary inspection and suggest the type of Storm Water Drain to be constructed on the petitioners' property. (iii) It shall be borne in mind by the concerned parties that the Storm Water Drain is only to facilitate prevention of flow of water from the property of the petitioners to the property of respondent No.3. (iv) The said exercise will be conducted by respondent Nos.1 and 2 within a period of 15 days from today. (v) Writ petition is disposed of accordingly. SD/- (M.I.ARUN) JUDGE TSN List No.: 1 Sl No.: 47