[Cites 2, Cited by 0]
Karnataka High Court
Mr. Nithesh Suvarna vs The Commissioner on 2 May, 2026
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2026:KHC:24575
WP No. 14631 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 14631 OF 2026 (LB-RES)
BETWEEN:
MR. NITHESH SUVARNA,
S/O. MR. MAHESHCHANDRA,
AGED ABOUT 48 YEARS,
R/AT APARTMENT NO.1101,
HALL MARK RESIDENTIAL APARTMENT,
KODIALBAIL,
MANGALURU - 575 003.
...PETITIONER
(BY SRI. RAVINDRANATH KAMATH, SENIOR COUNSEL FOR
SRI. DIVYATEJ H.N., ADVOCATE)
AND:
Digitally 1. THE COMMISSIONER,
signed by
SUMA B N MANGALORE CITY CORPORATION,
Location: LALBAGH, MANGALURU - 575 003.
HIGH
COURT OF 2. HALLMARK APARTMENT OWNERS ASSOCIATION,
KARNATAKA
REPRESENTED BY ITS PRESIDENT,
HALLMARK RESIDENTIAL FLAT ASSOCIATION,
KODIAL GUTHU (W),
MANGALURU - 575 003.
...RESPONDENTS
(BY SRI. K.N. NITISH., ADVOCATE FOR
SRI. K.V. NARASIMHAN, ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
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NC: 2026:KHC:24575
WP No. 14631 of 2026
HC-KAR
ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE
IMPUGNED DEMOLITION NOTICE MANAPA/NAYOVI/CR.224/
2003-04/E4 PASSED IN DATED 30.04.2026 BY THE
RESPONDENT NO.1 AUTHORITY VIDE ANNEXURE-F.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
This writ petition is taken up for hearing, in view of
urgency pleaded in the light of issuance of a notice dated
30.04.2026 produced at Annexure-F in terms of which the
petitioner herein has been called upon by the Commissioner,
Mangaluru Mahanagara Palike- respondent No.1, to demolish
excess construction measuring 16.43 sq. meters over the pent
house area forthwith failing which demolition would be done by
the respondent authority at the cost of petitioner.
2. Matter is taken up with consensus for final disposal.
3. Heard Sri.Ravindranath Kamath, learned Senior
counsel for Sri.Divyatej, learned counsel for petitioner,
Sri.K.N.Nitish, learned counsel for Sri.K.V.Narasimhan, learned
counsel for respondent No.1.
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4. Perusal of the records indicate that upon the
complaint filed by owners of Hallmark Apartment building as
well as President of the Hallmark Apartment Owners
Association alleging illegal construction of pent house area
against the petitioner herein and his vendor, proceedings were
initiated by the Commissioner, Mangaluru Mahanagara Palike,
respondent No.1. By order dated 07.06.2021 Commissioner,
Mangaluru Mahanagara Palike- respondent No.1, has held that
there is violation of sanctioned plan to the extent of 16.43
Square meters of construction by the petitioner/his vendor.
Being aggrieved petitioner herein and his vendor had preferred
Miscellaneous Appeals before the III Additional District and
Sessions Judge, D.K., Mangaluru. By order dated 09.12.2022
said Miscellaneous appeals came to be dismissed confirming the
order dated 07.06.2021 passed by the Commissioner,
Mangaluru Mahanagara Palike-respondent No.1.
5. It appears pursuant to the said order, the
Commissioner, Mangaluru Mahanagara Palike- respondent
No.1, had demolished portion of the illegal structure.
Thereafter by the impugned notice dated 30.04.2026 at
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Annexure-F petitioner has been now called upon to demolish
16.43 square meters of the unauthorised constructed area.
6. Sri.Ravindranath Kamath, learned Senior counsel
after arguing the matter at length submits if in the event of the
Commissioner, Mangaluru Mahanagara Palike, respondent No.1
identifying the extent of 16.43 square meters of unauthorised
construction to be demolished in terms of the orders passed,
the petitioner is ready and willing to demolish the same. He
further submits that without even providing sufficient
opportunity or identifying the alleged unauthorised constructed
area, the Commissioner, Mangaluru Mahanagara Palike,
respondent No.1 has issued the impugned notice causing
prejudice to the petitioner.
7. Learned counsel appearing for respondent No.1-
Mangaluru Mahanagara Palike submits that respondent
authority would identify 16.43 square meters of illegal
constructed area through the Assistant Executive Engineer, to
be demolished with prior notice to the petitioner.
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HC-KAR
8. That since the petitioner is ready and willing and
undertaking to demolish 16.43 square meters unauthorised
constructed area subject to the same being identified by the
Commissioner, Mangaluru Mahanagara Palike- respondent
No.1, nothing survives for consideration in this petition.
In view of the above, following:
ORDER
(i) The Commissioner, Mangaluru Mahanagara Palike,
respondent No.1 either himself or through Assistant Executive
Engineer shall identify 16.43 square meters of unauthorised
constructed area of the building/apartment belonging to the
petitioner which has been ordered to be demolished vide order
dated 09.06.2021 confirmed in Misc. Appeal No.21/2021 and
Misc. Appeal No.2/2022 dated 09.12.2022.
(ii) The process of identifying the area as above shall be done
at 11.00 a.m. on 04.05.2026 in the presence of the petitioner
and his counsel at the spot.
(iii) Petitioner shall thereafter comply with the directions/orders
of demolition referred to above within 15 days thereafter.
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(iv) Respondent authority is directed to not to precipitate the
matter till compliance of the aforesaid directions.
Petition is disposed of accordingly.
Hand delivery of the order is permitted.
Sd/-
(M.G.S. KAMAL)
JUDGE
SBN
List No.: 1 Sl No.: 1
