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2026 DAILYLAW 13864 (KAR)

MR SUDESH SANIL v. THE COMMISSIONER

WP/8279/2025 · 2026-03-13

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:15067 WP No. 8279 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 8279 OF 2025 (LB-RES) BETWEEN: 1. MR SUDESH SANIL S/O LATE V.K. JANARDHAN AGED ABOUT 54 YEARS RESIDING AT FLAT NO.404 HOLY FAMILY APARTMENTS LALBAGH, MANGALORE-5750 03. …PETITIONER (BY SRI. RAGHAVENDRA SHENOY M., ADVOCATE) AND: 1. THE COMMISSIONER MANGALORE CITY CORPORATION LALBAGH, MANGALORE-575 003. 2. HEALTH OFFICER MANGALORE CITY CORPORATION LALBAGH, MANGALORE-575 003. 3. DEEPAK SANIL S/O LATE V.K. JANARDHAN AGED ABOUT 50 YEARS R/AT FLAT NO.004, 1ST FLOOR AGRAJA APARTMENT BEHIND URWA MARKET MANGALORE 575 006. …RESPONDENTS (BY SRI. HAREESH BHANDARY T., ADVOCATE FOR R1 & R2; SRI. B.S.SACHIN, ADVOCATE FOR R3) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15067 WP No. 8279 of 2025 THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION TO RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED 28.09.2024 SUBMITTED BY THE PETITIONER TO RESPONDENT NO.1 WHICH IS AT ANNEXURE-A AND TO DIRECT THE RESPONDENT TO PASS APPROPRAITE ORDERS IN ACCORDANCE WITH LAW. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The case of the petitioner is that, he is the owner of the property which is the subject matter of the petition and that respondent no.3, who is his brother has usurped the property and is running a hotel over there and hence, petitioner made a request to respondent nos.1 and 2-Mangalore City Corporation to shut down the premises. As his request has not been considered, the present petition is filed with a prayer to direct respondent nos.1 and 2 to consider the request of the petitioner in accordance with law and pass appropriate orders thereafter. 2. However, subsequent to filing of the writ petition, an endorsement has been issued to the petitioner stating that - 3 - HC-KAR NC: 2026:KHC:15067 WP No. 8279 of 2025 respondent no.3 has obtained an interim order against respondent nos.1 and 2 by filing an original suit before the trial Court and hence, they are not able to act on the request of the petitioner. 3. Learned counsel for the petitioner under the circumstances submits that, he may be permitted to withdraw the writ petition and work out his remedy elsewhere in accordance with law. 4. Hence, the following: ORDER (i) The writ petition stands dismissed. (ii) It is needless to state, if the petitioner is having any alternative remedy against any of the respondents, he is at liberty to approach the appropriate forum in the manner known to law. Sd/- (M.I.ARUN) JUDGE PGG