- 1 - HC-KAR NC: 2026:KHC:15468 WP No. 29917 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 29917 OF 2025 (LB-RES) BETWEEN: 1. SRI KARTHIK KUMAR S/O LATE MR K. GOVINDARAJ, AGED 30 YEARS R/A NO.9, S2, VINYASYA BHARATHI APARTMENT, GAGANACHUMBI ROAD, KUVEMPU NAGAR, MYSURU- 570023 …PETITIONER (BY SMT. POORNIMA H S.,ADVOCATE) AND: 1. MYSURU URBAN DEVELOPMENT AUTHORITY REPRESENTED BY IT'S COMMISSIONER JHANSI RANI LAKSHMI BAI ROAD, CHAMARAJAPURAM MOHALLA LAKSHMIPURAM, MYSURU, KARNATAKA 570005 2. M/S KARLE HABITAT (PARTNERSHIP FIRM) REPRESENTED BY IT'S PARTNER MR. MAHENDRA KARLE 100FT KEMPAPURA MAIN ROAD, ADJACENT TO NAGAVARA LAKE, BENGALURU 560045. …RESPONDENTS (BY SRI T.P VIVEKANANDA.,ADVOCATE FOR R1; R2 SERVED AND UNREPRESENTED) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15468 WP No. 29917 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 2227 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASH THE ENDORSEMENT BEARING NO. MYN.PRA/V.K-7/5/2025-26 DATED 29/04/2025 IS AT ANNEXURE-G.DIRECT THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 15/03/2025 VIDE ANNEXURE-E ENDORSEMENT BEARING NO. MYN.PRA/V.K-7/5/2025-26 DATED 29/04/2025 IS AT ANNEXURE-G.C THIS PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner has purchased a Site bearing No.12 situated in a residential Layout known as 'Karle Habitat', situated at Ayyajayyanahundi Village, Datagalli Village, Mysuru. The said Layout is a Private Layout developed by respondent No.2. After obtaining the necessary approval from the first respondent, the second respondent has sold it to several persons. Subsequently the petitioner has purchased Site No.12. Petitioner being desirous of constructing a house has obtained necessary plan approved from the concerned authority. It is submitted that the petitioner has started construction on the said property. In the meanwhile, the petitioner has got a doubt - 3 - HC-KAR NC: 2026:KHC:15468 WP No. 29917 of 2025 as to the exact location and boundaries of Site No.12 and hence requested the first respondent to survey and earmark the boundaries of Site No.12. However, the first respondent on the ground that because the said site is part of a private layout, the same cannot be done has rejected his request and has issued an endorsement dated 29.04.2025 in this regard (vide Annexure-G to the writ petition). Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that first respondent has approved the Layout and hence when a request is made by the petitioner, the first respondent has obliged to mark the boundaries of Site No. 12 and provide it to the petitioner. 3. Per contra, counsel for respondent No.1 submits that as the property is part of the Private Layout respondent No.1 is not obliging to Survey the same and mark the site and inform the petitioner about it. It is further submitted that all the documents pertaining to Site - 4 - HC-KAR NC: 2026:KHC:15468 WP No. 29917 of 2025 No.12 reflects the same boundaries including the sale deed of the petitioner and the application made by the petitioner for plan sanction and the plan which has been approved by the authorities concerned. On the said ground, it is submitted that the exercise sought for by the petitioner is a futile exercise and serves no purpose. It is also submitted that the petitioner has not disclosed about obtaining the necessary plan sanctioned in respect of Site No.12 and submits that he has not approached this Court with clean hands and the writ petition is liable to be dismissed. 4. The question that arises for consideration is, Whether the first respondent is obliged to conduct the necessary survey and earmark the boundaries of Site No.12. 5. Admittedly, 'Karle Habitat' Layout has been approved by the first respondent. All the roads, civic amenities and such other public properties found in the said Layout has been relinquished in favour of Town - 5 - HC-KAR NC: 2026:KHC:15468 WP No. 29917 of 2025 Panchayath. Once a Layout has been approved as per the terms of first respondent, when a person requests the first respondent to identify a particular property as per the terms of the plan, first respondent is obliged to do so. First respondent cannot be directed to safeguard the interest of the petitioner in the instant case. If there is any encroachment by any third parties, it is for the petitioner to safeguard his interest. But at the same time, once first respondent approves a Layout and as per the said Layout plan if any property is sought to be identified, first respondent is bound to identify the same. It is always at liberty to charge the necessary fee for doing the said work. Hence, the following: ORDER (i) The impugned endorsement bearing No.MYN:PRA:VK-7/5/2025-26 dated 29.04.2025 Annexure-G to the writ petition is hereby set aside. (ii) First respondent is directed to identify the boundaries of Site No.12 situated at a residential - 6 - HC-KAR NC: 2026:KHC:15468 WP No. 29917 of 2025 layout known as 'Karle Habitat', Ayyajayyanahundi Village, Datagalli Village, Mysuru, forthwith as requested by the petitioner. (iii) First respondent is entitled to charge a fee to the petitioner in this regard taking into consideration the expenses that it may have to meet to conduct the necessary survey. (iv) Writ petition is disposed of accordingly. Sd/- (M.I.ARUN) JUDGE tsn* List No.: 1 Sl No.: 36