Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:13398 WP No. 35462 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 35462 OF 2018 (LB-RES) BETWEEN:
1.
SRI. T.C.VISHVESHWARA MURTHY S/O LATE CHANDRAYYA AGED ABOUT 72 YEARS R/A BELAGURU VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT-577 542. …PETITIONER (BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE) AND:
1.
STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ M.S.BUILDING, BENGALURU-560 001.
2.
THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH CHITRADURGA-577 501.
3.
THE EXECUTIVE OFFICER TALUK PANCHAYATH HOSADURA TALUK, HOSADURGA CHITRADURGA DISTRICT-577 527.
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:13398 WP No. 35462 of 2018
4.
THE PANCHAYATH DEVELOPMENT OFFICER BELAGURU GRAMA PANCHAYATH SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT-577 542.
5.
SRI. M.B.BASAVARAJAPPA S/O M.R.DAKSHINA MURTHY AGED ABOUT 48 YEARS R/A BELAGURU VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT-577 542. …RESPONDENTS (BY SMT. CHANDINI S., HCGP FOR R1;
SRI. N.PRAVEEN KUMAR, ADVOCATE FOR R2 TO R4;
SRI. A.M.MAHESHWARAPPA, ADVOCATE FOR R5)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 2ND RESPONDENT AUTHORITY TO TAKE APPROPRIATE ACTION ON THE LETTER ADDRESSED THE 1ST RESPONDENT AUTHORITY DATED 23.04.2018 BEARING NO.GraAPa 51 GraPanA 2017 VIDE ANNEXURE-D AND ETC.
THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:13398 WP No. 35462 of 2018
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
1. Respondent no.5 is a neighbor of the petitioner. On the ground that the construction being put up by respondent no.5 is in violation of building bye-laws and the sanction plan, the petitioner gave a complaint to respondent nos.2 to 4. However, as the same has not been acted upon, the present writ petition is filed with the following prayers:
"a) ISSUE writ in the nature of Mandamus or any other Writ or Order or Direction in the similar nature directing the 2nd respondent authority to take appropriate action on the letter addressed the 1st respondent authority dated 23.04.2018 bearing No. GraAPa 51 GraPanA 2017 vide Annexure-D;
b) ISSUE writ in the nature of Mandamus or any other Writ or Order or Direction in the similar nature directing the 4th respondent authority to take action on the order passed by the 2nd respondent authority dated 05.05.2018 bearing No.Tha.Pam Ho/House/CR- /2017-18 vide Annexure-E and letter dated 28.07.2018 bearing No.GraAPa / 51/ GraPamA / 2017 addressed by the 1st respondent authority vide Annexure-G;
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HC-KAR NC: 2026:KHC:13398 WP No. 35462 of 2018
c) ISSUE writ in the nature of Mandamus or any other Writ or Order or Direction in the similar nature directing the respondents No. 1 to 4 to consider and to take action on the representations addressed by the petitioner vide Annexures-F1, F2 and F3 to prevent the respondent No.5 from undertaking the illegal construction work;
d) Grant such other relief or relief's as this Hon'ble Court may deems fit to grant in the facts and circumstances of the case in the interest of justice and equity."
2.
Learned counsel for respondent no.4 upon instructions submits that an enquiry has been initiated based upon the complaint of the petitioner about construction being put up by respondent no.5. Against which the petitioner has a grievance. He further submits that an appropriate decision will be taken after hearing both the petitioner and respondent no.5 in this regard.
3. Both the petitioner and respondent no.5 are agreeable for the same.
4. Hence, the writ petition is hereby disposed of directing respondent no.4 to pass an appropriate order in
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HC-KAR NC: 2026:KHC:13398 WP No. 35462 of 2018
accordance with law within a period of four weeks from today in respect of construction being put up by respondent no.5.
Pending interlocutory applications, if any, stand disposed of.
SD/- (M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 18