Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:18848 WP No. 6664 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 6664 OF 2025 (LB-RES) BETWEEN:
1.
SRI. K.P. SIDDARAJU S/O LATE K.K.PAPANNA AGED ABOUT 39 YEARS R/AT KIRANGADUR VILLAGE DUDDA HOBLI, MANDYA TALUK MANDYA -571 403. &PETITIONER (BY SRI. ASHOKA T., ADVOCATE) AND:
1.
STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT GOVT. OF KARNATAKA M.S.BUILDING, BENGALURU-560 001.
2.
DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA-571 401.
3. TAHSILDAR MANDYA TALUK, MANDYA-571 401.
4.
THE COMMISSIONER MANDYA URBAN PLANNING AUTHORITY
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:18848 WP No. 6664 of 2025
MANDYA-571 401.
5.
CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH MANDYA DISTRICT, MANDYA-571 401.
6.
EXECUTIVE OFFICER TALUK PANCHAYATH MANDYA TALUK, MANDYA-571 401.
7.
PANCHAYATH DEVELOPMENT OFFICER HINDAVALU GRAMA PANCHAYATH MANDYA TALUK AND DISTRICT-571 401.
8.
K.G.PRASANNA KUMAR S/O LATE K.M.GUDDEGOWDA AGED ABOUT 40 YEARS R/AT KIRANGADUR VILLAGE DUDDA HOBLI, MANDYA TALUK MANDYA -571 403. &RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 TO R3;
SRI. T.P.VIVEKANANDA, ADVOCATE FOR R4;
SRI. M.S.DEVARAJU, ADVOCATE FOR R5 TO R7;
SRI. H.RAMANJANAIAH, ADVOCATE FOR C/R8)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE CONCERNED RESPONDENT NOS.1 TO 6 TO CONSIDER THE REPRESENTATIONS DATED 23.01.2025 AT ANNEXURES-B1 TO B6 IN ACCORDANCE WITH LAW AND ETC.
THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:18848 WP No. 6664 of 2025
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
1. The petitioner has made complaints to respondent nos.1 to 7 to initiate action against the construction put up by respondent no.8 alleging that the same is in violation of building bye-laws and sanctioned plan. It is further alleged that he has also encroached upon public drainage and put up construction thereon. As the same has not been considered so far, the present writ petition is filed with the following prayers:
"A) Directing concerned Respondent No.1 to 6 to consider the representations dated 23.01.2025, at Annexure-B1 to B6 in accordance with law, B) Directing the concerned Respondent No.1 to 7 to demolish the construction put up illegally by encroaching road margin, drainage in the Schedule property, C) Pass necessary orders in the interest of justice and equity."
2.
Learned counsel for respondent no.8 submits that he has put up construction only in a manner known to law and not otherwise. He further submits that, petitioner is a stranger to the property and is not his neighbor and because he has got a
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HC-KAR NC: 2026:KHC:18848 WP No. 6664 of 2025
personal vendetta against respondent no.8, only to harass respondent no.8, the present petition is filed and he prays for dismissal of the written petition.
3.
Learned counsel for respondent nos.5 to 7 submits that, subsequent to receipt of complaint of the petitioner, action against respondent no.8 has been initiated and the same would be taken to its logical end.
4. Admittedly, petitioner has no locus standi to file the petition as he is neither a neighbor nor affected by the construction put up by respondent no.8. However, no person has the authority to put up an illegal construction without obtaining the necessary plan sanction or in violation of building bye-laws. Further, a duty is cast upon the authorities concerned to remove illegal structure if the same is constructed by any person.
5. Under the circumstances, the writ petition stands
disposed of with a direction to respondent nos.5 to 7 to take the proceedings initiated against respondent no.8 to its logical end in the manner known to law after providing an opportunity
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HC-KAR NC: 2026:KHC:18848 WP No. 6664 of 2025
of hearing against respondent no.8, if any action is contemplated against respondent no.8.
Pending I.As., if any, stand disposed of.
Sd/- (M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 46