- 1 - HC-KAR CNR: KAHC010643582026 NC: 2026:KHC:51816 WP No. 29507 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 29507 OF 2026 (LB-RES) BETWEEN: SRI HASHITH M DOSI S/O R.C.MAHENDRA KUMAR, AGE ABOUT 32YEARS R/O M.G.ROAD, CHIKKAMAGALURU - 577101 …PETITIONER (BY SRI. MOIDEEN ARAFAT., ADVOCATE) AND: THE COMMISSIONER CITY MUNICIPAL COUNCIL, CHIKKAMAGALUR …RESPONDENT Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010643582026 NC: 2026:KHC:51816 WP No. 29507 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO. CMC/CKM/TAASHAA/CR/199/2026-27 DATED 14.08.2026 PASSED BY THE RESPONDENT AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's grievance is with the provisional order dated 14.08.2026 [Annexure – A] by the respondent under Section 187(9) of the Karnataka Municipalities Act, 1964 [for short, ‘the KMC Act’]. The provisional order is because of the purported verification that the petitioner, contrary to the sanction plan, has built an additional floor deviating from the setback requirements. Mr. Moideen Arafat, the learned counsel for the petitioner, is heard, and this Court must observe that when there is a provisional order and service of notice as contemplated under Section 187(9(a)(ii) of the - 3 - HC-KAR CNR: KAHC010643582026 NC: 2026:KHC:51816 WP No. 29507 of 2026 KMC Act, the noticee will have an opportunity before the confirmation order is passed and if there is a confirmation despite cause being shown, the noticee has an alternative remedy of appeal under Section 343 of the KMC Act. In the circumstances, this Court is of the view that the petitioner must first show cause against the terms of the provisional order, and if there is confirmation notwithstanding the cause shown, the petitioner must then avail the appeal remedy under Section 343 of the KMC Act. The provisional order is dated 14.08.2026, and hence, the petitioner must have some reasonable time to show cause and there cannot be any precipitation until there is a decision on confirmation in the light of the cause shown. Hence, the following order observing that all questions of deviations are left open to be considered while examining whether the Provisional Order must be confirmed or not. - 4 - HC-KAR CNR: KAHC010643582026 NC: 2026:KHC:51816 WP No. 29507 of 2026 ORDER The petition stands disposed of reserving liberty to the petitioner to file a response showing cause against the confirmation of the provisional order dated 14.08.2026 [Annexure – A] within two weeks from today without even waiting for a certified copy of the order calling upon the Authorities to consider such cause and then decide by cogent reasons whether there should be confirmation. Sd/- (B M SHYAM PRASAD) JUDGE RB