- 1 - HC-KAR NC: 2026:KHC:12524 WP No. 683 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 683 OF 2023 (LB-RES) BETWEEN: 1. MR. NAGESH SHENOY M.S. S/O M.S.SHENOY AGED 61 YEARS R/AT 'AISHWARYA', NEAR MANNS COMPOUND, MADIKERI KODAGU DISTRICT-571 201. 2. MRS. VIDYA SHENOY W/O NAGESH SHENOY M.S. AGED 56 YEARS R/AT 'AISHWARYA', NEAR MANNS COMPOUND, MADIKERI KODAGU DISTRICT- 571 201. …PETITIONERS (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. MANGALURU CITY CORPORATION LALBAGH, MANGALURU-575 003. REP. BY ITS COMMISSIONER. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12524 WP No. 683 of 2023 2. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001. REP. BY ITS PRINCIPAL SECRETARY. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R2; SRI. K.V.NARASIMHAN, ADVOCATE FOR R1) THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 15.12.2021 PASSED IN MA NO.23 OF 2021 ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, DK, MANGALURU AND CONSEQUENTLY SET ASIDE THE ORDER DTD 04.11.2021 PASSED BY THE RESPONDENT HEREIN UNDER SECTION 321(3) OF KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976 VIDE ANNEXURES-A AND B AND ETC. 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 - 3 - HC-KAR NC: 2026:KHC:12524 WP No. 683 of 2023 ORAL ORDER On 13.01.2026, the following order has been passed: "1. Learned counsel for the petitioner submits that the encroachment has been removed as required under the applicable Notification. 2. By perusal of the photographs which have been produced along with the affidavit dated 30.06.2023, it is seen that the framework / members are present, only glasses have been removed. What is required to be done is that the entire portion including the framework / members be removed in line with the building which is being constructed and not to lean out of the building. Apart therefrom an affidavit is also required to be filed stating that the area covered with the puff sheets will not be used for any purpose and that the framework / puff sheets are installed only for the purpose of protection from rain. 3. Learned counsel seeks two weeks' time to file better affidavit as also to place on record the photographs of the property after removal of the said framework / puff sheets. 4. Re-list on 09.02.2026. 5. Interim order granted earlier is extended till the next date of hearing." - 4 - HC-KAR NC: 2026:KHC:12524 WP No. 683 of 2023 2. Instead of filing an affidavit showing that the construction that has been put up in violation of the building bye-laws has been removed, the petitioners have filed a memo dated 17.01.2026, which reads as follows: "That the petitioner has filed the present petition, seeking to quash the order dated 15.12.2021 passed in M.A.No.23/2021 on the file of III Additional District and Sessions Judge, D.K. Mangaluru and consequently set aside the order dated 04.11.2021 bearing No.Ma.Na.Pa/Na.Uo.Yi/CR.01/2019-20/E4 passed by the respondent under Section 321(3) of Karnataka Municipal Corporations Act. 1976 vide Annexures- A and B. During the pendency of the above case, the respondent No.1 Corporation has issued notices interelia demanding additional property tax for building said have been put up in violation of the sanctioned plan and thereby contended that till the building is regularized they are entitle to levy property tax with penalty on the same. Copies of the notices are produced herewith and same are marked as ANNEXURES-A1 AND A2. Pursuant to the aforesaid notices, the petitioner has paid the property tax to the 1st respondent corporation. Copies of the receipt for having paid property tax are produced herewith and same are marked as ANNEXURES-A3 AND A4. In that view of the matter, the above petition may be dispose off reserving liberty to the petitioner to file appropriate application seeking to regularize the building and till consideration of the said application, the - 5 - HC-KAR NC: 2026:KHC:12524 WP No. 683 of 2023 respondent authorities may kindly be restrained from taking any such coercive measures against the petitioner's building and further the petitioner undertakes to pay the additional property tax to the 1st respondent as and when they demand the same in accordance with law, in the interest of justice and equity." 3. Learned counsel for the petitioners submits that the petitioners may be permitted to withdraw the writ petition with liberty to approach the appropriate authority in accordance with law and further submits that the protection accorded by this Court till today may be continued till the petitioners approach the appropriate authority. 4. Learned counsel for respondent no.1 submits that the petitioners may be permitted to withdraw the petition, but they are not entitled to the relief of protection as prayed for in the memo. 5. Admittedly, there is violation of building bye- laws/plan sanction and construction has been put up by the petitioners. The same is sought to be removed by the - 6 - HC-KAR NC: 2026:KHC:12524 WP No. 683 of 2023 authorities concerned. No fault can be found in the action of the authorities. 6. For the aforementioned reasons, the writ petition is dismissed reserving the liberty to the petitioners to approach the appropriate authority for regularization of the construction, if the same is permissible in accordance with law. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 7