- 1 - HC-KAR NC: 2026:KHC:6645 WP No. 448 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 448 OF 2026 (LB-RES) BETWEEN: SRI. K.G. GANGADHARAIAH S/O LATE GURUSIDDIAH, AGED ABOUT 64 YEARS, NO.558, 7TH CROSS, SUBAHASH NAGARA, NELEMANGALA - 562 123 BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. MAHESHA V, ADVOCATE) AND: 1. REGIONAL COMMISSIONER AND APPELLATE/REVISIONAL AUTHORITY, BENGALURU DIVISION, 2ND FLOOR, BMTC BUILDING, C-BLOCK, K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. 2. COMMISSIONER, CITY MUNICIPAL COUNCIL, NELAMANGALA - 562 123. …RESPONDENTS (BY SRI. BOPPANNA BELLIYAPPA, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE R1 OFFICE IN CASE NO. MUN/RP/15/2025 AND QUASH Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6645 WP No. 448 of 2026 THE ORDER DATED 22.08.2025 PASSED BY THE R1 VIDE ANNX-J AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: (a) Call for the records from the respondent No.1 office in case No.MUN/RP/15/2025 and quash the order dated 22/08/2025 passed by the respondent No.1 vide Annexure-J (b) Call for the records from the respondent No.2 and quash order dated 09/04/2025 passed by the respondent No.2 in bearing No.NASANE/EMOSHA/CR.No.130/2023-2024 vide ANNEXURE-F. (c) And Remand Case.No.MUN/RP/15/2025 to the respondent No.1 office with liberty to the petitioner to file delay application and direct the respondent no.1 to dispose the Case.No.MUN/RP/15/2025 on merits by providing opportunity to the petitioner Vide Annexure- J (d) And direct the respondents not to demolish the building of the Petitioner more particularly respondent No.2. (e) Issue any other appropriate order as this Hon'ble court deems fit under the facts and circumstances of the case, in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:6645 WP No. 448 of 2026 2. The contention of the counsel for the petitioner is that without issuing a notice to the petitioner, respondent No.1 has passed the impugned order dated 22.08.2025 at Annexure-J. 3. On enquiry, learned Additional Government Advocate is unable to place any record of service or notice on the petitioner. In that view of the matter, I am of the considered opinion that the order passed without compliance with the principle of natural justice cannot be sustained. As such, I pass the following: ORDER i) Writ petition is allowed. ii) A certiorari is issued, the order dated 09.04.2025 passed by respondent No.2 at Annexure-F is quashed. Consequently, the order dated 22.08.2025 at Annexure-J is quashed. iii) The matter is remitted to respondent No.2 for fresh consideration. - 4 - HC-KAR NC: 2026:KHC:6645 WP No. 448 of 2026 iv) The petitioner shall appear before respondent No.2 without requirement of any fresh notice on 16.02.2026, submit his objections on that day, which shall be considered by respondent No.2 in accordance with law and necessary orders to be passed. v) In the event of petitioner not appearing before respondent No.2 on 16.02.2026 and filing his objections, the benefit of the above order would stand beside it. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 2 Sl No.: 6