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2026 DAILYLAW 28412 (KAR)

SRI V MUNIRAJ v. THE DEPUTY COMMISSIONER

WP/20425/2026 · 2026-07-15

K S Hemalekha

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010455402026 NC: 2026:KHC:36020-DB WP No. 20425 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 20425 OF 2026 (GM-RES-PIL) BETWEEN: 1. SRI V. MUNIRAJ S/O VENKATESHAPPA AGED ABOUT 38 YEARS R/AT 11TH CROSS, KARANJIKATTE KOLAR, KOLAR TALUK KOLAR DISTRICT - 563 101 …PETITIONER (BY SRI N SHARATH, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR - 560 101 2. KOLAR URBAN DEVELOPMENT AUTHORITY KOLAR DISTRICT KOLAR - 560 101 REPRESENTED BY ITS COMMISSIONER 3. CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010455402026 NC: 2026:KHC:36020-DB WP No. 20425 of 2026 KOLAR DISTRICT KOLAR - 560 101 4. THE TAHSILDAR KOLAR TALUK KOLAR - 563 101 5. PANCHAYATH DEVELOPMENT OFFICER VADAGURU GRAMAPANCHAYATH VADAGURU KOLAR TALUK AND DISTRICT - 563 103 6. EXECUTIVE ENGINEER BESCOM KOLAR RURAL DIVISION KOLAR - 560 101 7. SMT. T. RATHNAMMA W/O RAMAKRISHNAPPA MAJOR R/AT TAMAKA VILLAGE KOLAR TALUK KOLAR DISTRICT - 563 103 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 & 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE RESPONDENT Nos.1, 3 AND 6 TO CONSIDER THE REPRESENTATION DATED 02.06.2026 PRODUCED AT ANNEXURE-L, M AND N RESPECTIVELY IN ACCORDANCE WITH LAW AND EXPEDITIOUSLY & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010455402026 NC: 2026:KHC:36020-DB WP No. 20425 of 2026 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The learned Additional Government Advocate accepts notice for respondent Nos.1 and 4. 2. The petitioner has filed the present petition as a public interest litigation, inter alia, praying that directions be issued to respondent Nos.1, 3 and 6 to consider his representations dated 02.06.2026. 3. The petitioner alleges that respondent No.7 has illegally constructed a commercial building without obtaining necessary approval and sanctions, on a land comprising in Sy.No.13/2 of Kalahastipura Village, Huttur Hobli, Kolar Taluk and District. 4. The petitioner claims that the said land is an agricultural land, and the commercial building (Sy.No.13/2) was permitted without conversion of the land for non-agricultural purpose. It is also asserted that no permission is obtained for putting up construction from the competent Urban Development Authority (respondent No.2). However, the construction has been raised based on the - 4 - HC-KAR CNR: KAHC010455402026 NC: 2026:KHC:36020-DB WP No. 20425 of 2026 approval and occupancy certificate issued by the Panchayat Development Officer - PDO (respondent No.5) in clear violation of Section 64(5-A) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. It is also alleged that the BESCOM (respondent No.6) has provided electricity connection without any occupancy certificate. 5. In view of the averments made in the petition, we consider it apposite to direct respondent Nos.1, 3 and 6 to consider the petitioner's representation and communicate their decision to the petitioner within a period of eight weeks from the order being communicated to the said respondents. 6. The petitioner shall serve a copy of this order to respondent Nos.1, 3 and 6, forthwith. 7. The petition stands disposed of, with the above observations. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE KMV/List No.: 2 Sl No.: 8