- 1 - HC-KAR CNR: KAHC010513742026 NC: 2026:KHC:45763-DB WA No. 1822 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 1822 OF 2026 (LB-RES) BETWEEN: 1. SRI CHIKKABOMAIAH S/O LATE CHIKKAIAH AGED ABOUT 73 YEARS, RESIDING AT NO.176, 4TH CROSS, NEHARUNAGAR MANDYA TOWN PIN CODE-571401 …APPELLANT (BY SRI. P.M.GOPI, ADVOCATE FOR SRI. P.M. SIDDAMALLAPPA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401 2. MUNICIPAL COUNCIL MANDYA-571401 3. SRI ATHMARAMAN M S S/O M SRINIVASAN AGED ABOUT 53 YEARS, RESIDING AT 2ND CROSS, EASTERN EXTENSION, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010513742026 NC: 2026:KHC:45763-DB WA No. 1822 of 2026 NEHARUNAGARA KEB OFFICE ROAD, MANDYA TOWN PIN CODE-571401 …RESPONDENTS (BY SRI. B.RAVINDRANATH, AGA FOR R1 AND R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN W P No. 28116/2023 FROM THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND SET ASIDE THE IMPUGNED ORDER DATED 14.08.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN W.P No. 28116/2023 BY ALLOWING THE ABOVE WRIT APPEAL WITH EXEMPLARY COSTS, IN THE ENDS OF JUSTICE AND EQUITY. 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 H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the order dated 14.08.2025 passed by the writ Court in W.P.No 28116/2023 (LB-RES) instituted by respondent No.3 herein. 2. The writ Court disposed of the said petition filed by the respondent No.3 herein with following order:- - 3 - HC-KAR CNR: KAHC010513742026 NC: 2026:KHC:45763-DB WA No. 1822 of 2026 "ORDER The writ petition is disposed of with a direction to respondent nos.1 and 2 to hear all the affected parties and thereafter initiate appropriate action in accordance with law in respect of alleged illegal construction and usage of properties situated in 2nd cross, Nehrunagara, K.E.B. Office Road, Mandya, as expeditiously as possible." 3. The learned counsel for the appellant submits that appellant was not a party before the writ Court. However, the authorities are threatening to demolish his residential-cum- commercial building. The impugned order does not say regarding any demolition to be carried out. However, it only says that appropriate orders should be passed after hearing all the parties, in respect of illegal construction and usage of the properties situated in 2nd cross, Nehrunagara, K.E.B. Office Road, Mandya, as expeditiously as possible. 4. We dispose of this writ appeal with direction to the respondent-Municipal Authorities to issue notice to the appellant, before taking steps for demolition of any alleged - 4 - HC-KAR CNR: KAHC010513742026 NC: 2026:KHC:45763-DB WA No. 1822 of 2026 unauthorized construction put up or unauthorized usage of the building in question, after giving an opportunity of hearing and then appropriate order regarding demolition should be passed and not otherwise. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE NG CT:SN List No.: 1 Sl No.: 3