Karnataka High Court
Sri. V Gopala Shetty vs The Chief Officer on 19 March, 2025
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NC: 2025:KHC:11558-DB
WP No.13220 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.13220 OF 2020 (LB-RES)
BETWEEN:
1. SRI. V GOPALA SHETTY
S/O. H. NARAYANA SHETTY,
AGED ABOUT 56 YEARS,
NEMPU MURUKAI,
HERJADI,
POST KENCHANURU,
KARKUNJE VILLAGE - 576 283,
KUNDAPURA TALUK,
UDUPI DISTRICT.
Digitally
signed by H
K HEMA 2. SRI. K. DASA KHARVI
Location: S/O. LATE CHANDRA KHARVI,
High Court
of Karnataka AGED ABOUT 67 YEARS,
KHARVI KERI,
MEL KERI,
POST KUNDAPURA,
KASABA - 576 201,
UDUPI DISTRICT.
...PETITIONERS
(BY SRI. K. CHANDRANATH ARIGA, ADVOCATE)
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NC: 2025:KHC:11558-DB
WP No.13220 of 2020
AND:
1. THE CHIEF OFFICER
KUNDAPURA TOWN MUNICIPALITY
KUNDAPURA - 576 201,
UDUPI DISTRICT.
2. SRI. ANANTHA POOJARY
S/O. SEENA POOJARY,
AGED: MAJOR
MAIN ROAD,
KUNDAPURA - 576 201,
UDUPI DISTRICT.
...RESPONDENTS
(BY SRI. AJITH A. SHETTY, ADVOCATE FOR R1;
SRI. RAJESH MAHALE, SENIOR ADVOCATE A/W
SRI. MADHUKAR NADIG, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENT NO.1 TO TAKE ACTION AGAINST THE
RESPONDENT NO.2 FOR THE ILLEGAL CONSTRUCTION ON
THE SCHEDULE PROPERTY; DIRECT THE RESPONDENT No.1
TO REMOVE THE ILLEGAL BUILDING ON THE SCHEDULE
PROPERTY AND TO RECOVER COSTS FROM THE
RESPONDENT No.2; DIRECT THE RESPONDENT No.1 NOT TO
ISSUE LICENSE, PERMISSION TO THE CONSTRUCTION ON
THE SCHEDULE PROPERTY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:11558-DB
WP No.13220 of 2020
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR. JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE M.I.ARUN)
This is a public interest litigation preferred by the petitioners
who are said to be residents of Kundapura Town. The writ petition
is filed alleging that second respondent is constructing a building
on the main road of Kundapura Town without obtaining necessary
permissions and in violation of the building bye-laws and that the
first respondent is complacent about the same.
2. The writ petition is filed with the following prayers:
"Wherefore, it is prayed that this Hon'ble Court
may be pleased to issue a writ of mandamus or any
other writ or order
(i) directing the 1st Respondent to take action against
the 2nd Respondent for the illegal construction on the
schedule property.
(ii) directing the 1st Respondent to remove the illegal
building on the schedule property and to recover costs
from the 2nd respondent.
(iii) direct the 1st respondent not to issue licence,
permission to the construction on the schedule property.
NC: 2025:KHC:11558-DB
(iv) Grant such other reliefs as this Hon'ble Court
deem fit to grant."
3. In response, the second respondent has submitted that he
purchased the property concerned by a registered sale deed dated
30.11.2018 and at the time of purchase itself there existed an old
building on the property. It is further submitted that thereafter, he
has demolished a portion of it and he is reconstructing the same. In
the course of hearing, the second respondent has filed an affidavit
dated 03.03.2025 wherein he has undertaken to apply for
necessary permissions from the concerned Authorities and
thereafter, will proceed to construct on the premises. He has
further submitted that he will not precipitate the construction of the
building without obtaining the necessary permissions. Further, in
the course of arguments, the second respondent also submits that
if the present construction is in violation of law or the plan to be
sanctioned by the first respondent, in that event, he will
remove/demolish the said portion of construction which is held to
be in violation of the sanction plan/ building bye-laws. His
submission is placed on record.
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4. The aforementioned undertaking of the second respondent
has to be considered as sufficient to meet the ends of justice.
5. Hence, the following:
ORDER
i. Respondent No.2 shall construct the building on
the premises concerned in accordance with law only
after obtaining the necessary permissions and sanctions
from the first respondent.
ii. If the already constructed portion of the building
violates the sanction plan or the building bye-laws, the
same shall be removed/demolished by the second
respondent.
iii. The writ petition is disposed of accordingly.
iv. Pending interlocutory applications, if any, stand
disposed of.
SD/-
(N. V. ANJARIA)
CHIEF JUSTICE
SD/-
(M.I.ARUN)
JUDGE
