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2026 DAILYLAW 4189 (KAR)

MR A JANARDHANA v. MANGALORE CITY CORPORATION

WP/39031/2025 · 2026-04-06

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18359 WP No. 39031 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.39031 OF 2025 (LB-RES) BETWEEN: 1. MR. A. JANARDHANA AGED ABOUT 73 YEARS S/O LATE SESAPPA POOJARY R/AT FLAT NO.104 WEST END MANOR KANKANADY MANGALORE-575 002. AND ALSO AT D.NO.23-12-1191 RANJITH AUTO DIESEL SERVICE MONKEY STAND, MANGALADEVI MANGALORE-575 001. 2. MR. K.P.PRASHANTH RAO AGED ABOUT 62 YEARS S/O K.P.MANJUNATH RAO R/AT 23-9-654(5) MANGALADEVI TEMPLE ROAD OPPOSITE CASIA HIGH SCHOOL MARNAMIKATTE MANGALORE-575 002. &PETITIONERS (BY SRI. MOHANA CHANDRA P., ADVOCATE) AND: 1. MANGALORE CITY CORPORATION LALBAGH, MANGALORE Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18359 WP No. 39031 of 2025 REPRESENTED BY ITS COMMISSIONER-575 003. 2. SMT. SHALINI AGED ABOUT 42 YEARS W/O SRINIVAS R/AT RAMA ANCHAN COMPOUND PADMA NILAYA, MONKEY STAND MANGALORE-575 001. 3. MR. RUDOLF TOURO AGED ABOUT 65 YEARS FATHER'S NAME NOT KNOWN R/AT VICTOR NIVAS NO.23-12-1255 MONKEY STAND MANGALORE-575 001. &RESPONDENTS (BY SRI. K.V.NARASIMHAN, ADVOCATE FOR R1; NOTICE TO R-2 AND R-3 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 31.10.2025 PASSED BY THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, MANGALORE IN M.A.NO.23/2023 DISMISSING THE APPEAL AND THEREBY CONFIRMED THE ORDER DATED 05.12.2023 PASSED BY RESPONDENT NO.1 IN PROCEEDING NO.E8/¹Dgï 19/2021-22 (123612) VIDE ANNEXURES-H AND G RESPECTIVELY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:18359 WP No. 39031 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. On the allegation that petitioners have put up construction in violation of building bye-laws and sanctioned plan, action has been initiated against the petitioners by respondent no.1 and the impugned order dated 05.12.2023 also has been passed by respondent no.1 directing the petitioners to remove the illegal construction. Aggrieved by the same, the petitioners preferred M.A.No.23/2023 and the trial Court, after finding that the petitioners have indeed put up construction in violation of building bye-laws and sanctioned plan has confirmed the order passed by respondent no.1. Aggrieved by the order of respondent no.1 and also the order passed in M.A.No.23/2023, the present writ petition is filed. 2. The petitioners have failed to show the error in either of the impugned orders and in the course of arguments, they candidly admit that they have indeed put up construction in violation of binding bye-laws. - 4 - HC-KAR NC: 2026:KHC:18359 WP No. 39031 of 2025 3. Under the said circumstances, petitioners are not entitled to any legal right. Hence, the writ petition stands dismissed. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 16