Karnataka High Court

WP/2998/2026 of SRI PUNYAKOTE N Vs THE MUNICIPAL COMMISSIONER on 31 August 2026

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CNR: KAHC010068172026 NC: 2026:KHC:47036-DB WP No. 2998 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2998 OF 2026 (LB-RES) BETWEEN:

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31ST DAY OF AUGUST, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO. 2998 OF 2026 (LB-RES)

BETWEEN:

1.

SRI PUNYAKOTE N

S/O NARAJARU

AGED ABOUT 45 YEARS

R/AT NO.104/1

BEHIND JUNIOR COLLEGE

MARUTI NAGAR, ANGANWADI ROAD

MARUTI NAGAR, ARASIKERE TQ.

HASSAN DISTRICT - 573 103

…PETITIONER

(BY SRI RAKESH KUMAR, ADVOCATE FOR

SRI YASHAVANTHSWAMY A.M., ADVOCATE)

AND:

1.

THE MUNICIPAL COMMISSIONER

B.H. ROAD, ARSIKERE

HASSAN DIST. - 573 103

2.

THE CITY MUNICIPAL TOWN PLANNING AUTHORITY

OLD SHARADA SCHOOL BUILDING

OPP. CMC OFFICE, B.H. ROAD

ARASIKERE, HASSAN DIST - 573 103

REP. BY ITS SECRETRY

Digitally

signed by

VEERENDRA

KUMAR K M

Location:

High Court of

Karnataka

HC-KAR

3.

SMT. K.S. PRABHA

W/O H.S. SIDDAPPA

AGED ABOUT 61 YEARS

R/AT NO.379, 3RD CROSS

5TH MAIN, 3RD BLOCK

BASAVESHWARA NAGARA

ARASIKERE TQ.

HASSAN DIST - 560 079

ALSO AT:

SMT. K.S. PRABHA

W/O H.S. SIDDAPPA

AGED ABOUT 61 YEARS

BASAVESHWARA NAGARA

ARASIKERE TQ.

HASSAN DIST - 573 079

…RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF

THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION)

RULES, 2018 PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY

OTHER

WRIT

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ORDER

OR DIRECTION, DIRECTING THE RESPONDENT NOS.1 AND 2 TO TAKE APPROPRIATE ACTION IN ACCORDANCE WITH THE KMC ACT AND CONSIDER THE REPRESENTATION IN ANNEXURE-B AND C DATED 09/12/2025 AND 16/03/2026 TO THE WRIT PETITION & ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA

HC-KAR

ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The petitioner has filed the present petition as a public interest litigation, inter alia, praying that directions be issued to respondents No.1 and 2 to consider his representations dated 09.12.2025 and 16.03.2026 and pass appropriate orders.

2. The petitioner alleges that construction is being raised unauthorisedly by respondent No.3 in the property bearing Katha No.672/1639, Ward No.13, B.H.Road left side, Arasikere, Hassan District. He states that respondent No.3 on the said site has constructed the building upto five floors without sanctioned plan and without leaving any setback.

3. Given the limited relief sought, we do not consider it necessary to issue formal notice.

4. We dispose of the present petition by directing respondents No.1 and 2 to consider the petitioner's representations, if not already considered, and if it is found that the construction is being raised illegally, respondents No.1 and 2 shall take the necessary steps in accordance with law.

HC-KAR

5. The writ petition is disposed of, in the aforesaid terms.

Sd/- (VIBHU BAKHRU) CHIEF JUSTICE

Sd/- (K.S. HEMALEKHA) JUDGE

KMV List No.: 2 Sl No.: 1

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