- 1 - HC-KAR NC: 2026:KHC:15603 WP No. 4738 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 4738 OF 2026 (LB-RES) BETWEEN: MRS VEENA SANTHOSH W/O SANTHOSH NAYAK AGED ABOUT 47 YEARS RESIDING AT DOOR NO. 4-92(E) ADARSHA COMPLEX, OPP. RCC CHURCH NO. 80, BADAGANABETTU VILLAGE MANIPAL POST, UDUPI TALUK UDUPI DISTRICT - 576104. &PETITIONER (BY SMT. ADLENE STEPHANIE MENDES., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS 3RD FLOOR, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU, KARNATAKA -560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE PRESIDENT 80 BADAGUBETTU GRAMA PANCHAYAT, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15603 WP No. 4738 of 2026 KUKKUDAKATTE, UDUPI KARNATAKA-576107. 3. THE PUBLIC DEVELOPMENT OFFICER 80 BADAGUBETTU GRAMA PANCHAYAT, KUKKUDAKATTE, UDUPI KARNATAKA- 576107. 4. THE COMMISSIONER UDUPI URBAN DEVELOPMENT AUTHORITY, UDUPI-MANIPAL MAIN ROAD, ADIUDUPI, UDUPI KARNATAKA 576103. 5. THE DEPUTY COMMISSIONER RAJATADRI, MANIPAL UDUPI, KARNATAKA - 576104. 6. MR. SANTHOSH NAYAK S/O LATE RANGAPPA NAYAK AGED ABOUT 55 YEARS RESIDING AT DOOR NO. 4-92(1-5) ADARSHA COMPLEX, OPP. RCC CHURCH NO. 80, BADAGANABETTU VILLAGE MANIPAL POST, UDUPI TALUK UDUPI DISTRICT - 576 104. 7. MR. RADHAKRISHNA NAYAK S/O LATE RANGAPPA NAYAK AGED ABOUT 58 YEARS RESIDING AT H. NO. 16-180D16 'RADHAKRISHNA HOUSE' NEAR NIRMITHI KENDRA SHIVALLI VILLAGE, - 3 - HC-KAR NC: 2026:KHC:15603 WP No. 4738 of 2026 MANIPAL POST UDUPI TALUK, UDUPI DISTRICT - 576104. 8. MRS. JAYANTI NAYAK W/O LATE RANGAPPA NAYAK AGED ABOUT 77 YEARS RESIDING AT H. NO. 16-180D16 'RADHAKRISHNA HOUSE' NEAR NIRMITHI KENDRA SHIVALLI VILLAGE, MANIPAL POST UDUPI TALUK AND DISTRICT - 576104. &RESPONDENTS (BY SRI.BOPPANNA BELLIAPPA., AGA FOR R1 & R5; SRI. ASHOK N NAYAK., ADVOCATE FOR R2 & R3; SRI. K. PRASAD HEGDE., ADVOCATE FOR R4; SRI. SUYOG HERELE., ADVOCATE FOR R7; R6 & R8 ARE SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECTING THE RESPONDENT NO. 3 TO TAKE NECESSARY ACTION AGAINST THE RESPONDENT NO. 6 TO 8 PURSUANT TO THE LETTERS DATED 25/08/2025 BEARING NUMBER 80 BA GRA PAN PA SAM. 156/2025-26 AND LETTER DATED 06/11/2025 BEARING NUMBER 80 BA GRA PAN PA. SAM 182/2025-26 VIDE ANNEXURE-A AND B RESPECTIVELY REGARDING THE UNAUTHORIZED STRUCTURE CONSTRUCTED BY RESPONDENT NO. 6 TO 8 IN THE TERRACE FLOOR OF THE BUILDING, ADARSH COMPLEX SITUATED AT KUKKI KATTE, MANIPAL - 4 - HC-KAR NC: 2026:KHC:15603 WP No. 4738 of 2026 ROAD, ADARSHA NAGARA, MANIPAL, UDUPI, KARNATAKA, 576104. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER This writ petition is filed with a prayer to direct respondent No. 3 to take action against respondent Nos. 6 to 8 on the allegation that respondent Nos. 6 to 8 have put up illegal construction on the property which is the subject matter of the writ petition. 2. This Court on 17.02.2026 has passed the following order. 1. "Learned Additional Government Advocate accepts notice for respondent Nos.1 and 5. 2. Sri. Ashok N. Nayak, learned counsel is directed to accept notice for respondent Nos.2 and 3. 3. Sri. K. Prasad Hegde, learned counsel is directed to accept notice for respondent No.4. - 5 - HC-KAR NC: 2026:KHC:15603 WP No. 4738 of 2026 4. Issue notice to respondent Nos.6 to 8 returnable by 17.03.2026. 5. Respondent No.3 along with the jurisdictional Executive Engineer and the jurisdictional Assistant Director of Town Planning, if necessary, with the assistance of the Assistant Director of Land Records is directed to conduct a joint inspection of the property a. of the petitioner bearing No.4-92(E) Adarsha Complex, Opp. RCC Church No.80, Badaganabettu Village Manipal Post, Udupi Taluk, Udupi District - 576104. b. of the respondent Nos.6 to 8 situated at Adarsh Complex, Kukki Katte, Manipal Road, Adarsha Nagara, Manipal, Udupi, Karnataka - 576104. 6. For the purpose of ascertaining: a. Whether any construction or development activity is carried out or is being carried out on the said properties; b. Whether such construction or development is supported by a valid - 6 - HC-KAR NC: 2026:KHC:15603 WP No. 4738 of 2026 building plan sanction issued by the competent authority under the applicable municipal and planning laws; c. Whether the construction, if sanctioned, is carried out or being carried out strictly in accordance with the sanctioned plan, zoning regulations, and development control norms; and d. Where no sanctioned plan exists, whether the construction conforms to the applicable building bye-laws, zoning regulations, and applicable laws. 7. The inspection shall include physical measurement, verification of setbacks, floor area ratio, coverage, height, land-use conformity, and compliance with zoning regulations. 8. Jurisdictional Executive Engineer of the Zilla Panchayat shall prepare a speaking inspection report, identifying each violation separately, with specific reference to the provisions of the KTCP Act, the municipal law in force, the sanctioned plan (if any), and the applicable building bye-laws. - 7 - HC-KAR NC: 2026:KHC:15603 WP No. 4738 of 2026 9. In the event any the construction being found to be: a. without a valid plan sanction; or b. contrary to the sanctioned plan; or c. in violation of zoning regulations or building bye-laws, 10. Jurisdictional Executive Engineer of the Zilla Panchayat shall, forthwith, ensure stoppage of all further construction activity on the said property, including by issuance of appropriate stop-work notices and initiation of statutory proceedings in accordance with law. If the construction were to persist, the Jurisdictional Assistant Executive Engineer of the Zilla Panchayat shall seal the premises. 11. The inspection shall be conducted commencing from 10:30 a.m. on 23.02.2026, after issuance of prior notice to respondent Nos.6 to 8 and such notice shall be duly acknowledged prior to the date of inspection. - 8 - HC-KAR NC: 2026:KHC:15603 WP No. 4738 of 2026 12. The inspection report, along with supporting measurements, sketches, photographs, and copies of relevant records, shall be filed before this Court on or before 03.03.2026. 13. In the event of any apprehension of breach of peace or obstruction during the inspection, survey, or measurement, upon a requisition made by the Jurisdictional Executive Engineer of the Zilla Panchayat, the jurisdictional police authorities shall extend necessary police protection to ensure due implementation of these directions. Process fee and copies to be furnished by the end of the day 18.02.2026. 14. Re-list on 17.03.2026." 3. Pursuant to the aforementioned order, Respondent No.3 has carried out the necessary inspection and has filed a report dated 04.03.2026 stating that illegal constructions are put up on the property which is the subject matter of the writ petition. The report is taken on record. - 9 - HC-KAR NC: 2026:KHC:15603 WP No. 4738 of 2026 4. As the report of respondent no.3 prima facie indicates that illegal construction has been put up by certain persons on the property, the same is liable to be removed in accordance with law after hearing all the parties concerned. Hence, the following: ORDER [a] The writ petition stands disposed of. [b] Respondent No.3 is hereby directed to initiate appropriate proceedings to remove the illegal construction said to have been put up on the property. [c] It is hereby made clear that the action would be initiated by respondent no. 3 after issuing necessary notices and following the due process of law and affording an opportunity of hearing to the parties concerned. SD/- (M.I.ARUN) JUDGE AN/-