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2026 DAILYLAW 37641 (KAR)

SRI PUNYAKOTE N v. THE MUNICIPAL COMMISSIONER

WP/2998/2026 · 2026-08-31

K S Hemalekha

Public Interest Litigationbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010068172026 NC: 2026:KHC:47036-DB WP No. 2998 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2998 OF 2026 (LB-RES) BETWEEN: 1. SRI PUNYAKOTE N S/O NARAJARU AGED ABOUT 45 YEARS R/AT NO.104/1 BEHIND JUNIOR COLLEGE MARUTI NAGAR, ANGANWADI ROAD MARUTI NAGAR, ARASIKERE TQ. HASSAN DISTRICT - 573 103 …PETITIONER (BY SRI RAKESH KUMAR, ADVOCATE FOR SRI YASHAVANTHSWAMY A.M., ADVOCATE) AND: 1. THE MUNICIPAL COMMISSIONER B.H. ROAD, ARSIKERE ARASIKERE TQ. HASSAN DIST. - 573 103 2. THE CITY MUNICIPAL TOWN PLANNING AUTHORITY OLD SHARADA SCHOOL BUILDING OPP. CMC OFFICE, B.H. ROAD ARASIKERE, HASSAN DIST - 573 103 REP. BY ITS SECRETRY Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010068172026 NC: 2026:KHC:47036-DB WP No. 2998 of 2026 3. SMT. K.S. PRABHA W/O H.S. SIDDAPPA AGED ABOUT 61 YEARS R/AT NO.379, 3RD CROSS 5TH MAIN, 3RD BLOCK BASAVESHWARA NAGARA ARASIKERE TQ. HASSAN DIST - 560 079 ALSO AT: SMT. K.S. PRABHA W/O H.S. SIDDAPPA AGED ABOUT 61 YEARS BASAVESHWARA NAGARA ARASIKERE TQ. HASSAN DIST - 573 079 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION, DIRECTING THE RESPONDENT NOS.1 AND 2 TO TAKE APPROPRIATE ACTION IN ACCORDANCE WITH THE KMC ACT AND CONSIDER THE REPRESENTATION IN ANNEXURE-B AND C DATED 09/12/2025 AND 16/03/2026 TO THE WRIT PETITION & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR CNR: KAHC010068172026 NC: 2026:KHC:47036-DB WP No. 2998 of 2026 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition as a public interest litigation, inter alia, praying that directions be issued to respondents No.1 and 2 to consider his representations dated 09.12.2025 and 16.03.2026 and pass appropriate orders. 2. The petitioner alleges that construction is being raised unauthorisedly by respondent No.3 in the property bearing Katha No.672/1639, Ward No.13, B.H.Road left side, Arasikere, Hassan District. He states that respondent No.3 on the said site has constructed the building upto five floors without sanctioned plan and without leaving any setback. 3. Given the limited relief sought, we do not consider it necessary to issue formal notice. 4. We dispose of the present petition by directing respondents No.1 and 2 to consider the petitioner's representations, if not already considered, and if it is found that the construction is being raised illegally, respondents No.1 and 2 shall take the necessary steps in accordance with law. - 4 - HC-KAR CNR: KAHC010068172026 NC: 2026:KHC:47036-DB WP No. 2998 of 2026 5. The writ petition is disposed of, in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE KMV List No.: 2 Sl No.: 1