- 1 - HC-KAR NC: 2026:KHC:19778-DB WA No. 369 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 369 OF 2025 (LB-RES) BETWEEN: 1. SRI RAJESH KARANTH S/O LATE NARASIMHA KARANTHA AGED ABOUT 47 YEARS RESIDING AT ANANTHA NILAYA UPPINKDRU VILLAGE AND POST KUNDAPURA TALUK, UDUPI DISTRICT 576 230 …APPELLANT (BY SRI. SATISH K., ADVOCATE) AND: 1. THE CHIEF OFFICER TOWN MUNICIPALITY, KUNDAPURA, UDUPI DISTRICT 570 201 2. M/S. SOUTHFIELD PAINTS LTD., A COMPANY REGISTERED UNDER THE COMPANIES THE COMPANIES ACT 2013 HAVING ITS REGISTERED OFFICE AT PLOT NO 33, 34 AND 36 DODDANEKUNDI INDUSTRIAL AREA 2ND STAGE, WHITEFIELD ROAD, MAHADEVPUR POST, BANGALORE 560048 REPRESENTED BY ITS MANAGING DIRECTOR SRI SHIVARAM S HEGDE …RESPONDENTS (BY SRI. AJITH A SHETTY., ADVOCATE FOR R1; SRI. S.SHAKER SHETTY, ADVOCATE FOR R2) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19778-DB WA No. 369 of 2025 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE WRIT PETITION No. 23591/2022 AND REVIEW PETITION No. 369/2024 AND SET ASIDE THE IMPUGNED ORDER DATED 21.06.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No. 23591/2022 AS WELL AS THE IMPUGNED ORDER DATED 17.09.2024 PASSED IN REVIEW PETITION No. 369/2024, ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 21.06.2024 passed by the writ Court in W.P.No.23591/2022(LB-RES) filed by the 2nd respondent herein and the order dated 17.09.2024 passed in Review Petition No. 369/2024. 2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:19778-DB WA No. 369 of 2025 3. The petitioner - M/s.Southfield Paints Limited had filed the writ petition with the following prayers :- "a) Issue a writ of mandamus with a direction to 1st respondent to demolish the schedule property according to law b) Pass any appropriate other as this Hon'ble Court deems fit in the circumstances of the case and also to pay the cost this writ petition in accordance with law." 4. We fail to understand as to what fundamental or statutory right, the petitioner has to claim a writ of mandamus for demolishing the alleged structure put up by the respondent. 5. Be that as it may, the learned Single Judge vide impugned judgment and order dated 21.06.2024 directed the 1st respondent-Town Municipality, Kundapura Taluk, Udupi District, to take appropriate action against respondent No.2 in accordance with law. - 4 - HC-KAR NC: 2026:KHC:19778-DB WA No. 369 of 2025 6. During the pendency of this appeal, the Assistant Executive Engineer of Public Works Department, Sub- Division 2, Kundapura, made an inspection of the building of the appellant/respondent No.2 before the writ Court constructed on the plot bearing numbers:23-2-1-14-0-1 and 23-2-1-14-1-11 within Ward No.09 and has submitted a report stating that the subject building is aged between 40 and 50 years and it is not a new building. 7. In view thereof, it is noted that the building in question is not a new building but old building and only renovation work has been carried out. 8. We see no reason to permit the respondent No.1 Town Municipality, Kundapura, to demolish the building of the appellant. However if there is any deviation, the same may be pointed out to the appellant for rectification. 9. With the above observation the present appeal is allowed. - 5 - HC-KAR NC: 2026:KHC:19778-DB WA No. 369 of 2025 10. In view of dismissal of the appeal, pending interlocutory applications, if any do not survive for consideration, hence stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE NG CT: SN List No.: 1 Sl No.: 11