- 1 - HC-KAR NC: 2026:KHC:17352 WP No. 39003 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 39003 OF 2025 (LB-RES) BETWEEN: SRI VICTOR LASRADO REP. BY GPA HOLDER SMT. STELLA DELPHINA LASRADO S/O. LIGOURY LASRADO, AGED ABOUT 65 YEARS, R/AT 3-177-16, KULUR, KAVOOR, GANDHI NAGAR, KUNJATHBAIL, MANGALORE-575 015. …PETITIONER (BY SMT. ARUNA BHAT, ADVOCATE FOR SRI AJAY T., ADVOCATE) AND: 1. MANGALORE CITY CORPORATION REP. BY ITS COMMISSIONER, LALBAGH, MANGALORE - 575 003. 2. M/S.TITAN DEVELOPERS (PARTNERSHIP FIRM OF R.2 TO R.5) REP. BY ITS AUTHORISED PARTNER, HAVING OFFICE AT NO.101, 1ST FLOOR, SAI AMEYA ARCH, KAPIKAD BEJAI, MANGALORE - 575 004. 3. SRI.PRATHIK UMANATH POOJARY, MAJOR IN AGE, PARTNER, M/S.TITAN DEVELOPERS Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17352 WP No. 39003 of 2025 R/AT NO.101, 1ST FLOOR, SAI AMEYA ARCH, KAPIKAD BEJAI, MANGALORE - 575 004. 4. SRI.SANJAY PAI, MAJOR IN AGE, PARTNER, M/S.TITAN DEVELOPERS R/AT NO.101, 1ST FLOOR, SAI AMEYA ARCH, KAPIKAD BEJAI, MANGALORE - 575 004. 5. SRI.Y.S.PRAMOD KUMAR, MAJOR IN AGE, PARTNER, M/S.TITAN DEVELOPERS R/AT NO.101, 1ST FLOOR, SAI AMEYA ARCH, KAPIKAD BEJAI, MANGALORE-575 004. …RESPONDENTS (BY SRI NITISH K N., & SRI K V NARASIMHAN, ADVOCATE FOR R.1; SRI M. CHIDANANDA KEDILAYA, ADVOCATE FOR R2 TO R4; R5 - SERVED) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NO.1-MANGALORE CITY CORPORATION, TO TAKE IMMEDIATE ACTION IN ACCORDANCE WITH LAW AGAINST RESPONDENT NOS.2 TO 5 FOR VIOLATIONS OF THE SANCTIONED BUILDING PLAN, LICENCE CONDITIONS AND MANDATORY SETBACK REQUIREMENTS IN RESPECT OF PROPERTY BEARING SY.NO.81/2A1A1A1, SITUATED AT KUNJATHBAIL VILLAGE, MANGALORE TALUK, DAKSHINA KANNADA, ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:17352 WP No. 39003 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Complaint has been made by the petitioner to respondent no.1 - Mangalore City Corporation to the effect that respondent Nos.2 to 5, who are the neighbours of the petitioner, have put up construction on their property in violation of the building bye-laws and the sanctioned plan. As there was no action initiated by respondent no.1 against respondent Nos.2 to 5, the present writ petition is filed with the following prayers:- "a. issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing Respondent No.1- Mangalore City Corporation, to take immediate action in accordance with law against Respondent Nos.2 to 5 for violations of the sanctioned building plan, licence conditions and mandatory setback requirements in respect of property bearing Sy.No.81/2A1A1A1, situated at Kunjathbail Village, Mangalore Taluk, Dakshina Kannada. b. Direct Respondent No.1 to conduct a detailed inspection/spot mahazar of the construction being carried out by Respondent Nos.2 to 5 and to initiate all statutory proceedings including issuance of notice, stoppage of work, cancellation of licence, - 4 - HC-KAR NC: 2026:KHC:17352 WP No. 39003 of 2025 and demolition of the illegal portion of construction, strictly in accordance with the Karnataka Municipal Corporations Act, the Building Bye-Laws and the approved plan. c. direct respondent No.1 to ensure that Respondent Nos.2 to 5 do not proceed with any construction in violation of the sanctioned plan or without leaving the mandatory setback of 10 feet on the side adjoining the Petitioner's property. d. Pass such other writ, order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity." 2. Respondent Nos.2 to 5 submits that they have put up construction in accordance with law and there is no violation as alleged by the petitioner. 3. Learned counsel for respondent no.1, upon instructions, submits that, they will conduct the necessary inspection of the construction put up by respondent Nos.2 to 5 and if there is any violation, action will be initiated against respondent Nos.2 to 5 in accordance with law. 4. His submission is placed on record. - 5 - HC-KAR NC: 2026:KHC:17352 WP No. 39003 of 2025 5. The writ petition is disposed of with a direction to respondent no.1 to conduct a necessary investigation of the construction put up by respondent Nos.2 to 5, and if it is found that the said construction is in violation of law, then initiate appropriate action in accordance with law. 6. The said exercise shall be completed within a period of four months from today. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 44