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2026 DAILYLAW 46230 (KAR)

SRI SURESH v. STATE OF KARNATAKA

WP/2329/2026 · 2026-02-04

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:6904 WP No. 2329 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2329 OF 2026 (LB-RES) BETWEEN: 1. SRI. SURESH S/O THIMMARAYAPPA, AGED ABOUT 34 YEARS, 2. SRI. SHIVAKUMAR V. S/O VENKATESH, AGED ABOUT 30 YEARS, 3. SRI. PRAVEEN KUMAR B., S/O BATHYAPPA AGED ABOUT 26 YEARS, ALL ARE RESIDING AT BANTAHALLI VILLAGE, LAKKURU HOBLI, DADINAYAKANADODDI POST, MALUR TALUK - 563 139, KOLAR DISTRICT. …PETITIONERS (BY SRI. JEEVAN K, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S BUILDING, BENGALURU - 01. 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR - 563 101. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6904 WP No. 2329 of 2026 3. THE TOWN AND COUNTRY PLANNING AUTHORITY., KOLAR URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY THE ASSISTANT DIRECTOR., 2ND STAGE, MARUTHI EXTENSION, MALUR TOWN, MALUR TALUK, KOLAR DISTRICT - 563 130. 4. THE TAHASILDAR MALUR TALUK - 563 130 KOLAR DISTRICT. 5. THE PANCHAYATH DEVELOPMENT OFFICER D.N. DODDI GRAM PANCHAYATH, BANTAHALLI VILLAGE, LAKKUR HOBLI KOLAR DISTGRICT - 563 139. 6. SRI. B.M. NAGARAJU S/O MUNIYAPA AGED ABOUT 65 YEARS BANTAHALLI VILLAGE DADINAYAKANADODDI POST LAKKURU HOBLI, MALUR TALUK KOLAR DISTRICT - 563 139. …RESPONDENTS (BY SRI. SPOORTHI V, HCGP FOR R1, R2 AND R4; SRI. T.P. VIVEKANAND, ADVOCATE FOR R3; SRI. M.S. DEVARAJU, ADVOCATE FOR R5; VIDE ORDER DATED 04.02.2026, NOTICE TO R6 DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO 4 AND 5 CONSIDER THE REPRESENTATIONS DATED 05/01/2026 06/01/2026 VIDE ANNEXURE C AND D RESPECTIVELY THEREBY TO TAKE NECESSARY ACTION FOR THE DEMOLITION OF THE COMMERCIAL BUILDING CONSTRUCTED BY - 3 - HC-KAR NC: 2026:KHC:6904 WP No. 2329 of 2026 THE RESPONDENT NO 6 IN SURVEY 132/5, MEASURING 15 GUNTAS OF LAND SITUATED AT BANTAHALLI VILLAGE, LAKKURU HOBILI, MALUR TALUK, KOLAR DISTRICT IN ACCORDANCE WITH LAW AND TO GRANT SUCH OTHER RELIEFS AS THIS HONOURABLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE 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. Learned Additional Government Advocate accepts notice for respondent Nos.1, 2 and 4, Sri. T.P.Vivekananda, learned counsel accepts notice for respondent No.3 and Sri. M.S.Devaraju, learned counsel is directed to accept notice for respondent No.5. 2. Notice to respondent No.6 is deferred in view of the order proposed to be passed. 3. Petitioners are before this Court seeking for the following relief: "Wherefore it is prayed that this Honourable Court may kindly be pleased to issue a writ in the nature of Mandamus directing the respondent No 4 & 5 to consider the representations dated 05/01/2026 06/01/2026 vide Annexure 'C' & 'D' respectively thereby to take necessary action for the demolition of the commercial building - 4 - HC-KAR NC: 2026:KHC:6904 WP No. 2329 of 2026 constructed by the respondent No 6 in Survey 132/5, measuring 15 guntas of land situated at Bantahalli Village, Lakkuru Hobli, Malur Taluk, Kolar District in accordance with law and to grant such other reliefs as this Honourable court deems fit under the circumstances of the case in the interest of justice." 4. A perusal of the petition indicates that the petitioners are not neighbours of respondent No.6 but only a resident of the village and as such, the above petition has been filed in public interest. 5. The present petition not being maintainable, counsel for the petitioners seeks permission to withdraw the above petition to file a public interest litigation. 6. Reserving such liberty, petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 2 Sl No.: 8