Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:13781 WP No. 6005 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 6005 OF 2026 (LB-RES) BETWEEN:
1. MR. SHAMANTHA KUMAR JAIN, S/O YUVARAJ BALIPA, AGED ABOUT 46 YEARS. RESIDING AT DOOR NO.2-510. KALENJIRODY, PADANGADY, BELTHANGADY TALUK-574 217. …PETITIONER (BY SRI. VIKRAM S.HULIGAL., SENIOR ADVOCATE FOR SRI.MUNIRAJA.M.,ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ. M.S. BUILDING. DR. AMBEDKAR VEEDHI. BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY
2. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY. DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING, BENGALURU - 560001. 3. THE DIRECTOR
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:13781 WP No. 6005 of 2026
DEPARTMENT OF SCHOOL EDUCATION (PRE-UNIVERSITY), 18TH CROSS, MALLESHWARAM, BENGALURU - 560003. 4. THE ASSISTANT DIRECTOR TOWN AND RURAL PLANNING DEPARTMENT, GROUND FLOOR, 'PRAJA SOUDHA', D.K. DISTRICT ADMINISTRATIVE BUILDING, PADIL, MANGALURU - 575007. 5. THE JOINT DIRECTOR TOWN AND COUNTRY PLANNING DIVISIONAL OFFICE, MYSURU DIVISION, MYSURU-570001. 6. DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT, MANGALURU-575001. 7. TAHSILDAR. BELTHANGADY TALUK D.K. DISTRICT-574214. 8. THE EXECUTIVE OFFICER BELTHANGADY TALUK PANCHAYATH BELTHANGADY, DAKSHINA KANNADA DISTRICT-574 242. 9. PANCHAYAT DEVELOPMENT OFFICER (PDO), KUVETTU GRAM PANCHAYATH BELTHANGADY TALUK, D.K. DISTRICT-574214. 10. ENVIRONMENTAL OFFICER, KARNATAKA STATE POLLUTION CONTROL BOARD
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HC-KAR NC: 2026:KHC:13781 WP No. 6005 of 2026
(KSPCB) BAIKAMPADY, MANGALURU-575011. 11. DISTRICT FIRE OFFICER KARNATAKA STATE FIRE AND EMERGENCY SERVICES MANGALURU, D.K. DISTRICT-575 001. 12. MR. SUMANTH KUMAR JAIN FOUNDER/DIRECTOR/CHAIRMAN EXCEL PU COLLEGE GURUVAYANAKERE, BELTHANGADY TALUK D.K. DISTRICT-574214
13. M/S. INFINITY LEARNING FOUNDATION(R) REPRESENTED BY ITS CHAIRMAN/SECRETARY, GURUVAYANAKERE, BELTHANGADY TALUK, D.K. DISTRICT-574214
REGISTERED UNDER EDUCATION ACT, 1983. 14. M/S. EXCEL PRE-UNIVERSITY COLLEGE GURUVAYANAKERE, BELTHANGADY TALUK. D.K. DISTRICT-574214. REP. BY ITS PRINCIPAL/AUTHORIZED SIGNATORY EDUCATIONAL INSTITUTION. …RESPONDENTS (BY SMT.SPOORTHI.V., HCGP., FOR R1 TO 7 AND R11;
SRI.SHARANJITH SHETTY.K., ADVOCATE FOR R8 AND R9;
SRI.GURURAJ JOSHI., ADVOCATE FOR R10;
VIDE ORDER DATED 23.02.2026-NOTICE TO
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HC-KAR NC: 2026:KHC:13781 WP No. 6005 of 2026
R12 TO R14 IS DEFERRED.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENTS 3 TO 5 AND RESPONDENT NO.9 TO CONSIDER HIS REPRESENTATIONS DATED 09.01.2026 AND 30.01.2026 IN CONSONANCE WITH LAW.
EXPEDITIOUSLY WITHIN A PERIOD OF TWO WEEKS AND TAKE IMMEDIATE STEPS TO DEMOLISH UNAUTHORIZED STRUCTURES IN SY.NOS. 13/2, 13/7, 13/17, 168/2, AND 168/3 OF KUVETTU VILLAGE. BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT AS PER ANNEXURES-A, A1 TO A3 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
The petitioner has sought for action to be initiated against the construction put up by respondent Nos.13 and 14 at the hands of respondent Nos.3 to 5 and 9.
2. The petitioner in the course of the proceedings admits that he is not an immediate neighbour of the property of respondent Nos.13 and 14 and the construction put up by respondent Nos.13 and 14 does not infringe upon any of the rights of the petitioner. His
contentions are that he is a resident of the same village
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HC-KAR NC: 2026:KHC:13781 WP No. 6005 of 2026
and he is interested in the orderly development of the village and hence, he has preferred the writ petition.
3.
Learned counsel for respondent Nos. 8 and 9 submits that public interest litigations have already been filed against respondent Nos. 12 and 14 and the same are pending consideration. As the present writ petition is not in the nature of a public interest litigation and no right of the petitioner is infringed by the actions of respondent Nos. 13 and 14, the writ petition stands dismissed. However, the dismissal of this writ petition will not come in the way of the authorities concerned initiating appropriate action in accordance with law against respondent Nos. 13 and 14, if any violations have been committed by them.
SD/- (M.I.ARUN) JUDGE
CH List No.: 1 Sl No.: 34