- 1 - HC-KAR NC: 2026:KHC:20388 WP No. 10173 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 10173 OF 2025 (LB-RES) BETWEEN: MR PRAKSH YEYYADI S/O MR. K. SANJEEVA MAISTRY AGED ABOUT 61 YEARS RESIDING AT DOOR NO. 3-22, NEAR SHREE RAMA BHAJANA MANDIR NEAR KARNATAKA POLY TECHNIC, KADRI, BEJAI POST MANGALORE 575004 …PETITIONER (BY SRI. RAGHAVENDRA SHENOY M., ADVOCATE) AND: 1. THE COMMISSIONER MANGALORE CITY CORPORATION LALBAGH MANGALORE-575003 2. SIDDAPPA S/O SHIVAPPA AGED ABOUT 52 YEARS RESIDING AT OPPOSITE ITI, NEAR KPT, NEAR SHREE RAMA BHAJANA MANDHIR, BEJAI POST, KADRI, MANGALORE 575 004. …RESPONDENTS (BY SRI. K V NARASIMHAN., ADVOCATE FOR R1; Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20388 WP No. 10173 of 2025 SRI. UDAY PRAKASH MULIYA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED 4.03.2025, 28.02.2025 AND 24.12.2024 SUBMITTED BY THE PETITIONER TO THE RESPONDENT NO.1 WHICH IS AT ANNEXURE-A, B AND C RESPECTIVELY. 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 On the ground that respondent No.2 has put up construction in violation of the building bye-laws and the sanctioned plan, has illegally encroached upon the surrounding properties, and has obtained the sanctioned plan fraudulently, the petitioner has made a representation to respondent No.1 to initiate appropriate action against respondent No.2. As no action has been initiated by respondent No.1 against respondent No.2, the present writ petition is filed with the following prayers: "a. To issue a writ, order or direction to the Respondent no.1 to consider the representation - 3 - HC-KAR NC: 2026:KHC:20388 WP No. 10173 of 2025 dated 04.03.2025, 28.02.2025 and 24.12.2024 submitted by the Petitioner to the Respondent no.1 which is at ANNEXURE A, B and C respectively and pass appropriate orders in accordance with law. b. for the cost of the litigation c. for such other and further relief based on the nature and circumstances of the case in the interest of justice and equity." 2. The learned counsel appearing for respondent No.2 submits that no such alleged illegalities as alleged by the petitioner, have been committed by respondent No.2. 3. However, the learned counsel appearing for respondent No.1 submits that the representations of the petitioner will be acted upon, an enquiry will be conducted and thereafter, if it is found that respondent No.2 has committed any illegalities in putting up construction on the property, suitable actio 4. Hence, the following: - 4 - HC-KAR NC: 2026:KHC:20388 WP No. 10173 of 2025 ORDER i. Respondent No.1 is directed to inspect the construction put up by respondent No.2, make necessary enquiry as required under law and thereafter initiate appropriate action against respondent No.2, if it is found that the construction is in violation of law or that he has obtained the sanctioned plan fraudulently. ii. The said exercise shall be completed within a period of three (03) months from the date of receipt of certified copy of this order. iii. The Writ Petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 29