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2026 DAILYLAW 22596 (KAR)

BYAGADADENAHALLI GRAMA PANCHAYATH v. SRI. R. MANJUNATH

WP/39804/2025 · 2026-06-08

B M Shyam Prasad

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27211 WP No. 39804 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 39804 OF 2025 (LB-RES) BETWEEN: BYAGADADENAHALLI GRAMA PANCHAYATH KASABA HOBLI, ANEKAL TALUK BANGALORE URBAN DISTRICT- 562106 REPT. BY PANCHAYATH DEVELOPMENT OFFICER SRI. NAGARAJU B. L. …PETITIONER (BY SRI. PRAKASH M S., ADVOCATE) AND: 1. SRI. R. MANJUNATH S/O RAMAPPA MAJOR NO. E-60, BEHIND ACC FACTORY BOMMASANDRA VILLAGE AND POST MUNICIPAL WARD NO. 7 ANEKAL TALUK BANGALORE URBAN DISTRICT- 560099 2. SRI. SRINIVASALU N S/O VENKATARAIDU N Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27211 WP No. 39804 of 2025 MAJOR 3. SRI. VADLAMUDI SRIHARI S/O V. SRINIVASALU MAJOR R2 & 3 ARE R/AT NO. 404, SRINIVAS EMARALD APARTMENT KISHNAREDDY LAYOUT AECS LAYOUT, A BLOCK KUNDALAHALLI, MARATHAHALLI COLONY BANGALORE-560037 4. THE MEMBER SECRETARY AND JOINT DIRECTOR OF TOWN AND COUNTRY PLANNING ANEKAL PLANNING AUTHORITY 'ANNA' NO. 430, HENNAGARA GATE, HOSURU MAIN ROAD BANGALORE URBAN DISTRICT- 560099 5. ASSISTANT EXECUTIVE ENGINEER BESCOM SUB-DIVISION ANEKAL TALUK BANGALORE URBAN DISTRICT- 562106 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- TO ISSUE WRIT/ORDERS IN THE NATURE OF MANDAMUS/ DIRECTION/ORDERS AGAINST THE RESPONDENT NO. 2 AND 3 TO DISPOSE OF THE NOTICE MADE BY THE PETITIONER DATED 07/09/2023 VIDE ANNX-F BEARING NO. BYA/GRA/PAM/CR/15/2023-24 NOTICE DATED - 3 - HC-KAR NC: 2026:KHC:27211 WP No. 39804 of 2025 10/10/2023 VIDE ANNX-G BEARING NO. BYA/GRA/PAM/CR/15/2023-24 AND NOTICE DATED 15/11/2023 VIDE ANNX-H BEARING NO. BYA/GRA/PAM/CR/15/2023-24. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, a Grama Panchayath, has issued notices to the second and third respondents to ensure that the construction must not be occupied as action is proposed because a residential construction is used for commercial purposes, and the petitioner has not issued just one notice but multiple notices. The petitioner seeks directions to the private respondents to act in terms of the notices. The present petition is filed pursuant to the resolution dated 02.09.2025. This resolution reads that the judicial proceedings must be initiated because none of the Authorities including the police - 4 - HC-KAR NC: 2026:KHC:27211 WP No. 39804 of 2025 Authorities and the electricity Authorities have acted against the private respondents and the others who have put up illegal constructions. Mr. M. S. Prakash, the learned counsel for the petitioner, is heard. This Court must opine that if the Authorities have issued notices invoking certain statutory provisions, they must act in terms of those notices and pass final orders as would be permissible and then communicate the orders to the Authorities for needful action, and there cannot be a cause to approach this Court unless there is an order and a failure to comply. This Court, on reading of the petition averments and annexures appended, must also observe that it is possible that this petition is filed because of pending investigation/enquiry under the Karnataka Lokayukta Act, 1984, and even then, there would be no cause for any action before this Court. Therefore, the petition stands disposed of observing that this - 5 - HC-KAR NC: 2026:KHC:27211 WP No. 39804 of 2025 Court has not examined any aspect of the matter and this disposal shall not, in any matter, foreclose or impede other proceedings that must be in terms of the notices. SD/- (B M SHYAM PRASAD) JUDGE RB