Full Judgment Text
- 1 -
NC: 2026:KHC:2868-DB
WP No. 15402 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 20 DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 15402 OF 2025 (GM-RES)
BETWEEN:
SRI ANANDA M C
S/O.LATE CHAMUNDI,
AGED ABOUT 45 YEARS,
R/AT NO.05, BHAVI ROAD,
VINAAKANAGAR,
DEVARAJ MOHALLA-R2,
MYSORE -570012
EMAIL: ANAND662277@GMAIL.COM
MOBILE NO.7353662277
PAN: AIVPC9778Q
AADHAAR NO. 768817230385
…PETITIONER
(BY SRI. N KUMAR.,ADVOCATE)
AND:
1. MYSORE MAHANAGARA PALIKE
MYSORE CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHANNARAJPURA, MYSORE,
KARNATAKA-570024,
SAYYAJI RAO ROAD, MYSORE
REPRESENTED BY IS COMMISSIONER.
Digitally
signed by
NIRMALA
DEVI
Location:
HIGH
COURT OF
KARNATAKA
- 2 -
NC: 2026:KHC:2868-DB
WP No. 15402 of 2025
HC-KAR
2. MYSURU URBAN DEVELOPMENT
AUTHORITY (MUDA) JHANSI RANI
LAKSHMI BHAI ROAD,
MYSURU-570002.
3. SRI. RAMANATH GUPTA BYSANI,
S/O. LATE.S.SATHYANARAYANA GUPTA,
AGED ABOUT 65 YEARS,
R/AT NO.3/5, BOSE ENCLAVE,
14TH CROSS, 11TH MAIN ROAD,
WILSON GARDEN, BANGALORE-560030.
4. SRI BADRI VISHAL S
S/O LATE S. SATHYANARAYANA GUPTA,
AGED ABOUT 60 YEARS,
RAT NO. 21/1, BHAGYALAKSHMI NIVAS
3RD CROSS, SHANKARAPURAM,
BANGALORE-560004.
5. SRI B.A.SRINATH,
S/O.SRI.B.S.ADINARAYANA GUPTA,
AGED ABOUT 59YEARS
R/AT. NO. 75/114, SURVEYOR STREET,
BASAVANAGUDI,
BANGALORE-560004.
6. SRI. SHASHANK. B. GUPTA,
S/O.SRI.B.A.SRINIVAS GUPTA,
AGED ABOUT 39 YEARS,
R/AT NO.16, VANIVILAS ROAD,
BASAVANAGUDI, BANGALORE-560004.
7. SMT.SUDHA. R.PRASAD,
W/O.K.L.RAJENDRA PRASAD
AGED ABOUT 61 YEARS,
R/AT NO.44/1, 1ST FLOOR,
13TH CROSS, 10TH MAIN,
MALLESHWARAM,
BANGALORE-560003.
- 3 -
NC: 2026:KHC:2868-DB
WP No. 15402 of 2025
HC-KAR
8. PRITHVI INFRASTRUCTURE,
PARTNERSHIP FIRM OFFICE AT NO.L,
PRITHVI HIGHTS, 349, L-350,
ASHOKA ROAD, OPPOSITE CLOCK
TOWER, LASHKAR MOHALLA,
MANDI MOHALLA, MYSORE-570001.
REPRESENTED BY ITS MANAGING PARTNER
9. SRI.B.S.SRINIVASA MURTHY,
S/O. LATE B.S.SUNDARARAMA SWAMY SETTY,
AGED ABOUT 71 YEARS,
RESIDING AT SUMERU NO.44,
1ST CROSS, KALIDASA ROAD,
JAYALAXMIPURAM, MYSORE-570012.
10. SMT. GEETHA S.MURTHY,
D/O.SRI.K.N.SRIDHARA MURTHY,
AGED ABOUT 63 YEARS,
RESIDING AT SUMERU
NO.44, 1ST CROSS, KALIDASA ROAD,
JAYALAXMIPURAM,
MYSORE 570012.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT
DIRECTING THE RESPONDENT No. 1 AND 2 TO TAKE ACTION
AGAINST THE CONSTRUCTION PUTTING UP BY THE
RESPONDENT No. 3 TO 10 INCLUDING THE AREA LEFT OUT
FOR THE ROADS IN VIOLATION OF EARLIER APPROVED
LAYOUT PLAN, BY CONSIDERING THE COMPLAINTS DATED
06.11.2023, 29.07.2024, 29.07.2024, 05.08.2024, 12.08.2024 AND
12.08.2024 ARE HEREWITH PRODUCED AS ANNEXURE-W,
W1, W2, W3, W4 AND W5 AND ETC.
- 4 -
NC: 2026:KHC:2868-DB
WP No. 15402 of 2025
HC-KAR
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 MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition as a public
inter alia,
interest litigation, praying that the sanctioned plan, khata
and building license be cancelled in respect of property bearing
Municipal Assessment No.28/16A ( New No.670/ 16A) measuring
9.2 acres situated at Chamundi Vihar Layout, Nazarabad Mohalla,
Mysuru City.
2. The petitioner states that the said license and sanctioned
plan with respect to the portion of the property was cancelled and
was subject matter in Writ Petition being No.WP 12105/2020. By
virtue of the judgment dated 21.03.2024, the order cancelling the
license and sanctioned plan in respect of a portion of the property
was set aside by the learned Single Judge of this Court.
3. The learned counsel for the petitioner states that the said
order is challenged before this Court in WA No.737/2025 and it is
- 5 -
NC: 2026:KHC:2868-DB
WP No. 15402 of 2025
HC-KAR
pending consideration. He submits that although the portion of the
land in respect to which relief is sought in the present petition is
different, however, the issue involved is the same.
4. In view of the above, we do not consider it apposite to
entertain the present petition as a PIL. Needless to state that if the
issues involved in the present petition are common, the petitioner
would not be precluded to seek an appropriate relief at a later
stage subject to the outcome of the appeal.
5. The petition is disposed of.
6. Pending applications, if any, stand disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
Vmb
List No.: 2 Sl No.: 8
NC: 2026:KHC:2868-DB
WP No. 15402 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 20 DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 15402 OF 2025 (GM-RES)
BETWEEN:
SRI ANANDA M C
S/O.LATE CHAMUNDI,
AGED ABOUT 45 YEARS,
R/AT NO.05, BHAVI ROAD,
VINAAKANAGAR,
DEVARAJ MOHALLA-R2,
MYSORE -570012
EMAIL: ANAND662277@GMAIL.COM
MOBILE NO.7353662277
PAN: AIVPC9778Q
AADHAAR NO. 768817230385
…PETITIONER
(BY SRI. N KUMAR.,ADVOCATE)
AND:
1. MYSORE MAHANAGARA PALIKE
MYSORE CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHANNARAJPURA, MYSORE,
KARNATAKA-570024,
SAYYAJI RAO ROAD, MYSORE
REPRESENTED BY IS COMMISSIONER.
Digitally
signed by
NIRMALA
DEVI
Location:
HIGH
COURT OF
KARNATAKA
- 2 -
NC: 2026:KHC:2868-DB
WP No. 15402 of 2025
HC-KAR
2. MYSURU URBAN DEVELOPMENT
AUTHORITY (MUDA) JHANSI RANI
LAKSHMI BHAI ROAD,
MYSURU-570002.
3. SRI. RAMANATH GUPTA BYSANI,
S/O. LATE.S.SATHYANARAYANA GUPTA,
AGED ABOUT 65 YEARS,
R/AT NO.3/5, BOSE ENCLAVE,
14TH CROSS, 11TH MAIN ROAD,
WILSON GARDEN, BANGALORE-560030.
4. SRI BADRI VISHAL S
S/O LATE S. SATHYANARAYANA GUPTA,
AGED ABOUT 60 YEARS,
RAT NO. 21/1, BHAGYALAKSHMI NIVAS
3RD CROSS, SHANKARAPURAM,
BANGALORE-560004.
5. SRI B.A.SRINATH,
S/O.SRI.B.S.ADINARAYANA GUPTA,
AGED ABOUT 59YEARS
R/AT. NO. 75/114, SURVEYOR STREET,
BASAVANAGUDI,
BANGALORE-560004.
6. SRI. SHASHANK. B. GUPTA,
S/O.SRI.B.A.SRINIVAS GUPTA,
AGED ABOUT 39 YEARS,
R/AT NO.16, VANIVILAS ROAD,
BASAVANAGUDI, BANGALORE-560004.
7. SMT.SUDHA. R.PRASAD,
W/O.K.L.RAJENDRA PRASAD
AGED ABOUT 61 YEARS,
R/AT NO.44/1, 1ST FLOOR,
13TH CROSS, 10TH MAIN,
MALLESHWARAM,
BANGALORE-560003.
- 3 -
NC: 2026:KHC:2868-DB
WP No. 15402 of 2025
HC-KAR
8. PRITHVI INFRASTRUCTURE,
PARTNERSHIP FIRM OFFICE AT NO.L,
PRITHVI HIGHTS, 349, L-350,
ASHOKA ROAD, OPPOSITE CLOCK
TOWER, LASHKAR MOHALLA,
MANDI MOHALLA, MYSORE-570001.
REPRESENTED BY ITS MANAGING PARTNER
9. SRI.B.S.SRINIVASA MURTHY,
S/O. LATE B.S.SUNDARARAMA SWAMY SETTY,
AGED ABOUT 71 YEARS,
RESIDING AT SUMERU NO.44,
1ST CROSS, KALIDASA ROAD,
JAYALAXMIPURAM, MYSORE-570012.
10. SMT. GEETHA S.MURTHY,
D/O.SRI.K.N.SRIDHARA MURTHY,
AGED ABOUT 63 YEARS,
RESIDING AT SUMERU
NO.44, 1ST CROSS, KALIDASA ROAD,
JAYALAXMIPURAM,
MYSORE 570012.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT
DIRECTING THE RESPONDENT No. 1 AND 2 TO TAKE ACTION
AGAINST THE CONSTRUCTION PUTTING UP BY THE
RESPONDENT No. 3 TO 10 INCLUDING THE AREA LEFT OUT
FOR THE ROADS IN VIOLATION OF EARLIER APPROVED
LAYOUT PLAN, BY CONSIDERING THE COMPLAINTS DATED
06.11.2023, 29.07.2024, 29.07.2024, 05.08.2024, 12.08.2024 AND
12.08.2024 ARE HEREWITH PRODUCED AS ANNEXURE-W,
W1, W2, W3, W4 AND W5 AND ETC.
- 4 -
NC: 2026:KHC:2868-DB
WP No. 15402 of 2025
HC-KAR
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 MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition as a public
inter alia,
interest litigation, praying that the sanctioned plan, khata
and building license be cancelled in respect of property bearing
Municipal Assessment No.28/16A ( New No.670/ 16A) measuring
9.2 acres situated at Chamundi Vihar Layout, Nazarabad Mohalla,
Mysuru City.
2. The petitioner states that the said license and sanctioned
plan with respect to the portion of the property was cancelled and
was subject matter in Writ Petition being No.WP 12105/2020. By
virtue of the judgment dated 21.03.2024, the order cancelling the
license and sanctioned plan in respect of a portion of the property
was set aside by the learned Single Judge of this Court.
3. The learned counsel for the petitioner states that the said
order is challenged before this Court in WA No.737/2025 and it is
- 5 -
NC: 2026:KHC:2868-DB
WP No. 15402 of 2025
HC-KAR
pending consideration. He submits that although the portion of the
land in respect to which relief is sought in the present petition is
different, however, the issue involved is the same.
4. In view of the above, we do not consider it apposite to
entertain the present petition as a PIL. Needless to state that if the
issues involved in the present petition are common, the petitioner
would not be precluded to seek an appropriate relief at a later
stage subject to the outcome of the appeal.
5. The petition is disposed of.
6. Pending applications, if any, stand disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
Vmb
List No.: 2 Sl No.: 8