SMT. PAVITRA H J vs SMT. AMEENA UMME HANI

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HC-KAR
NC: 2026:KHC:57841
WP No. 22884 of 2025
CNR: KAHC010506332025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 22884 OF 2025 (LB-RES)
BETWEEN:
SMT. PAVITRA H J
D/O LATE H.R. JAYARAME GOWDA,
AGED ABOUT 59 YEARS,
RESIDING AT NO. 250,
ANUGRAHA, CDA LAYOUT,
KALYANANAGARA, CHIKAMAGALUR.
…PETITIONER
(BY SRI. DAYALU K.N., ADVOCATE)
AND:
1. SMT. AMEENA UMME HANI
W/O FAHEEM KHAN H,
AGED ABOUT 31 YEARS,
R/O.NO.150, MIG 2ND, 3RD PHASE,
KHB COLONY. JYOTHINAGARA POST,
CHICKAMAGALUR -577102.
Digitally
signed by
PRAKASH N
Location:
HIGH
COURT OF
KARNATAKA
2. SRI A.T. RAVI KUMAR
S/O.THIMMAIAH,
NO. D-85, 1ST STAGE, 1ST CROSS,
CDA LAYOUT, KALYANANAGARA,
CHIKAMAGALUR - 577102.
3. THE COMMISSIONER,
CHIKAMAGALUR DEVELOPMENT AUTHORITY,

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HC-KAR
NC: 2026:KHC:57841
WP No. 22884 of 2025
CNR: KAHC010506332025
KALYANANAGARA, JYOTHINAGARA POST,
CHIKAMAGALUR - 577102.
4. THE ASSISTANT EXECUTIVE ENGINEER,
KEB MESCOM, RATHNAGIRI ROAD
O AND M CIRCLE,
CHIKAMAGALUR - 577101.
5. CITY MUNICIPAL COUNCIL,
CHIKKAMAGALUR,
REP. ITS COMMISSIONER,
NEAR D.C. OFFICE,
BELUR ROAD,
CHIKKAMAGALUR-577101.
…RESPONDENTS
(BY SRI. BHARATH K., ADVOCATE FOR R1 AND R2;
SRI. A. RAVISHANKAR, ADVOCATE FOR R3;
SRI. MUHAMMAD SHAMIL, ADVOCATE FOR R4;
SRI. A. NAGARAJAPPA, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 3RD
RESPONDENT TO TAKE IMMEDIATE ACTION AGAINST THE
ILLEGAL AND UNAUTHORIZED CONSTRUCTION UNDERTAKEN
BY THE 1ST AND 2ND RESPONDENT IN VIOLATION OF
APPLICABLE LAWS AND CDA NORMS AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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HC-KAR
NC: 2026:KHC:57841
WP No. 22884 of 2025
CNR: KAHC010506332025
ORAL ORDER
The present petition has been filed seeking for
issuance of writ of mandamus to direct respondent No.3 to
take action against the illegal and unauthorized
construction undertaken by the 1st and 2nd respondent in
violation of applicable norms. Certain allied reliefs also
have been sought for.
2. During pendency of the matter, a joint affidavit
is filed, which is extracted as below:
"We, (1) Ameena Umme Hani, W/o. Faheem
Khan H., aged about 33 years, residing at No.150,
MIG, 2nd Stage, 3rd Phase, KHB Colony,
Jyothinagara Post, Chikkamagaluru - 577102; and
(2) A.T. Ravi Kumar, S/o. Thimmaiah, aged about
44 years, residing at No. D-85, 1st Stage, CDA
Layout, Kalyananagara, Chikkamagaluru-577102,
presently at Bengaluru, being the Respondent Nos.
1 and 2 respectively in the above Writ Petition,
now at Bangalore, do hereby solemnly affirm and
state on oath as follows:

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HC-KAR
NC: 2026:KHC:57841
WP No. 22884 of 2025
CNR: KAHC010506332025
1. We submit that we are the Respondent Nos.1
and 2 respectively in the above writ petition and,
as such, we are well acquainted with the facts and
circumstances of the case and are competent to
swear to this affidavit.
2. We respectfully submit that the petitioner had
alleged that the construction put up by us in the
schedule property was made without leaving the
requisite setback on the southern side, thereby
alleging deviation from the sanctioned building
plan and the applicable municipal regulations.
3. We submit that, pursuant to the interim order
passed by this Hon'ble Court, we have voluntarily
and faithfully complied with the directions issued
by this Hon'ble Court in their true letter and spirit.
In compliance thereof, we have removed the
portion of the construction which was alleged to
have encroached upon the mandatory setback
area on the southern side.
4. We further submit that, after carrying out the
aforesaid modification, we have left a setback
measuring 3¼ feet on the southern side of the
building, thereby bringing the construction into
conformity with the sanctioned building plan,
licence and the applicable building bye-laws and
municipal regulations.

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HC-KAR
NC: 2026:KHC:57841
WP No. 22884 of 2025
CNR: KAHC010506332025
5. We respectfully submit that, as on the date of
this affidavit, there is no deviation or violation
whatsoever insofar as the southern setback is
concerned, and the construction now existing is in
accordance with the sanctioned building plan,
licence and the applicable statutory provisions.
6. We further undertake before this Hon'ble Court
that neither we nor any person claiming through
or under us shall hereafter make any construction,
alteration or encroachment upon the setback area
on the southern side or on any other side of the
schedule property in violation of the sanctioned
building plan or the applicable provisions of law.
7. We submit that we have strictly complied with
the provisions of the Karnataka Municipal laws, the
sanctioned building plan, and the conditions of the
licence, and have not committed any violation
whatsoever.
We respectfully submit that, in view of the
compliance effected by us, the alleged deviation
complained of by the petitioner no longer survives.
We therefore pray that this Hon'ble Court may be
pleased to take this affidavit and the compliance
made by us on record and pass such further order
or orders as this Hon'ble Court may deem fit and

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HC-KAR
NC: 2026:KHC:57841
WP No. 22884 of 2025
CNR: KAHC010506332025
proper in the facts and circumstances of the case,
in the interest of justice and equity.
We, (1) Ameena Umme Hani and (2) A.T. Ravi
Kumar, the deponents above named, do hereby
verify that the contents of paragraphs 1 to 8 of
this Joint Affidavit are true and correct to the best
of our knowledge, information and belief, and that
nothing material has been concealed therefrom."
3. On the basis of the said affidavit, memo is filed
by the counsel for the petitioner, which reads as follows:
"The Petitioner submits that this Hon'ble Court be
pleased to dispose off the above Writ Petition on
the Joint Affidavit (Undertaking Affidavit) filed by
the Respondent Nos.1 & 2 in terms of the Joint
Affidavit filed by the Respondent Nos.1 & 2, in the
interest of justice and equity."
4. It is submitted by the petitioner and
respondents No.1 and 2 that respondents No.1 and 2 have
removed the offending unauthorized construction and
accordingly, the petitioner does not intend to prosecute

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HC-KAR
NC: 2026:KHC:57841
WP No. 22884 of 2025
CNR: KAHC010506332025
the proceedings further. The understanding is reflected
more fully in the joint affidavit extracted above.
5. Noticing that respondent No.3 which is a
Development Authority is also arraigned as a party, while
lis between the petitioner and respondents No.1 and 2
have culminated in the understanding in the joint affidavit,
we keep it open to respondent No.3 to exercise statutory
duties, if warranted by the circumstance of the case.
Accordingly, the petition is disposed of .
Sd/-
(S SUNIL DUTT YADAV)
JUDGE
MCR
List No.: 2 Sl No.: 14