- 1 - HC-KAR NC: 2026:KHC:7726 WP No. 3588 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3588 OF 2026 (LB-RES) BETWEEN: G.B. JAGADEESH S/O M.J. BASAVARAJU, AGED ABOUT 46 YEARS, GONDIBASAVANAHALLI VILLAGE, MADAPATTANA POST, KUSHALNAGAR TALUK KODAGU DISTRICT - 571 234. …PETITIONER (BY SRI. PRATHEEP K.C, ADVOCATE) AND: 1. THE CHIEF OFFICER TOWN MUNICIPALITY, KUSHALANAGARA, KODAGU - 571 234. 2. THE SECRETARY, URBAN DEVELOPMENT AUTHORITY, KUSHALANAGARA, KODAGU DISTRICT - 571 234. …RESPONDENTS (BY SRI. VENKATESH R. BHAGATH, ADVOCATE FOR R1; SRI. NAGENDRA NAIK R, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7726 WP No. 3588 of 2026 IMPUGNED NOTICE DATED 18.11.2025 BEARING NO. SA/PU.KU/KAM.AA/03/2025-26 ISSUED BY RESPONDENT NO.1 (ANNEXURE-A) IN THE INTEREST OF JUSTICE AND EQUITY 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. Sri. Venkatesh R. Bhagath, learned counsel accepts notice for respondent No.1. 2. Sri. Nagendra Naik R., learned counsel accepts notice for respondent No.2. 3. Petitioner is before this Court seeking for the following reliefs: (a) Issue a writ of Certiorari or in the nature thereof or any other appropriate writ, quashing the impugned notice dated 18.11.2025 bearing No. SA/PU.KU/KAM.AA/03/2025-26 issued by respondent No.1 (ANNEXURE-A) in the interest of Justice and equity. (b) Issue a writ of Certiorari or in the nature thereof or any other appropriate writ, quashing the impugned notice dated 09.1.2026 bearing No. SA/PU.KU/ΚΑΜ.ΑΑ/04/2025-26 issued by respondent No.1 (ANNEXURE-B) in the interest of Justice and equity. - 3 - HC-KAR NC: 2026:KHC:7726 WP No. 3588 of 2026 (c) Issue a writ of Certiorari or in the nature thereof or any other appropriate writ, quashing the impugned notice dated 30.7.2025 bearing No. SA/PU.KU/KAM.AA/02/2025-26 issued by respondent No.1 (ANNEXURE-M) in the interest of Justice and equity. (d) To pass any such order as this Hon'ble court deems fit in the circumstances of the case in the interest of justice and Equity. 4. The grievance of the petitioner is that by way of the impugned notice dated 18.11.2025 at Annexure-A, the respondents alleging that there is a violation of the plan section and were called upon the petitioner to stop construction. 5. The submission of learned counsel for the petitioner is that the construction has already been completed in the year 2021 and as such, there is no question of stopping construction. Even if that may be the case, it is for the petitioner to reply to the show cause notice dated 18.11.2025 and 09.01.2026, which is the third show cause notice. There being an earlier show cause notice dated 30.07.2025, without replying to the show cause notices, the petitioner cannot take up a contention that the construction has already been completed in the year 2021. Once such a reply is submitted by the petitioner, - 4 - HC-KAR NC: 2026:KHC:7726 WP No. 3588 of 2026 respondents could always inspect the property to ascertain if the construction is ongoing or construction is completed and thereafter take necessary action in accordance with law. 6. Reserving liberty to the petitioner to reply to Annexures-A and B and the earlier show cause notice dated 30.07.2025, the petition stands disposed of with the above observations. 7. The submission of learned counsel for the petitioner that the reply would be submitted within one week from today i.e. on or before 16.02.2026 is placed on record. 8. Respondent No.1 is directed to consider the said reply and pass necessary orders within one week thereafter i.e. on or before 23.02.2026. Until then respondents are restrained from taking any precipitative or coercive steps against the petitioner. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 2 Sl No.: 18