IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 56451 OF 2017 (LB-RES)

BETWEEN:

1. U. MOHAMMED ALI AGED ABOUT 63 YEARS S/O. LATE HAMMABBA R/A ALIGAR, Y M C A ROAD FALNIR MANGALORE-575002 2. MRS. NASIR ALI W/O. U MOHAMMED ALI AGED ABOUT 53 YEARS R/A ALIGAR, Y M C A ROAD FALNIR MANGALORE-575002

3. MR. SARIQ ALI AHMED S/O. U MOHAMMED ALI AGED ABOUT 25 YEARS Digitally R/A ALIGAR, Y M C A ROAD signed by FALNIR SUMA MANGALORE-575002 Location:

HIGH …PETITIONERS COURT OF KARNATAKA (BY MRS. HALEEMA AMEEN, ADVOCATE)

AND:

1. THE COMMISSIONER MANGALORE CITY CORPORATION LALBAGH MANGALORE-575003

2. REVENUE OFFICER MANGALORE CITY CORPORATION LALBAGH MANGALORE-575003

3. POLICE INSPECTOR URVA STORE POLICE STATION MANGALORE-575006

4. ASST. EXECUTIVE ENGINEER AT MESCOM AHAVARA SABDISON MANGALORE-575002 …RESPONDENTS (BY SRI. K.V.NARASIMHAN, ADVOCATE FOR RESPONDENT NO.1;

SRI. H.V.DEVARAJU, ADVOCATE FOR RESPONDENT NO.4;

RESPONDENT NOS.2 AND 3 ARE SERVED)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH ANNEXURES - D1, E AND F DTD 27.09.2017, 04.10.2017 AND 17.10.2017 RESPECTIVELY ISSUED BY THE RESPONDENT AUTHORITIES NO.3, 2 AND 4 RESPECTIVELY.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioners have challenged a communication dated

27.09.2017 addressed by respondent No.3 to the petitioners to stop the construction. They have also challenged an order bearing No.PÀAzÁAiÀÄ/¹.Dgï.445/2017-18/J11 dated 04.10.2017 issued by the respondent No.2 withdrawing the temporary door number given to the unauthorized construction put up by the petitioners. They have also challenged a communication bearing No.¸ÀPÁ¤EA:¸ÀEA(vÁA):PÀ35:17-18:/596-97 dated 17.10.2017 issued by respondent No.4 calling for an explanation as to why electricity should not be disconnected.

2. (i) The petitioners claim that they are the owners of the property bearing No.T.S.No.1561/9001/RS40-2B of Kodial Bail Village, Kadri ward, Bejai Ward, Mangaluru. They claim that they obtained a licence to construct first floor on the existing ground floor as per licence bearing No.E4/BA/174/92- 93/Ka NI PA AA 676/92-93 dated 16.04.1993 and a commencement certificate was issued by the Urban Development Authority on 01.10.1992.

(ii) They claim that they had put up construction according to the sanctioned plan. However, a neighbour objected against the illegal construction which resulted in various civil suits and proceedings before this Court. They contend that respondent No.1 issued an occupancy certificate on 31.07.2017 and also provided a temporary door number and electricity connection.

(iii) They contend that a notice was received from the office of respondent No.3 either to stop the construction or to contact the Commissioner of respondent No.1. Thereafter, respondent No.2 addressed a letter dated 04.10.2017 to the petitioners stating that the temporary door number issued was cancelled. Likewise, respondent No.4 issued a notice dated 17.10.2017 calling for an explanation as to why electricity should not be disconnected. The petitioners are therefore before this Court challenging the aforesaid communications and notice.

3. The learned counsel for the petitioners submits that the construction of the building is now completed and the building is provided with electricity. He therefore submits that this writ petition may be disposed off.

4. It appears from Annexure-D furnished by the petitioners that respondent No.1 passed a confirmation order under Sections 321(2) & (3) of the Karnataka Municipalities Act, 1976. The said order of confirmation was challenged by the petitioners in M.A.No.60/2016 before the Court of the First Additional District and Sessions Judge, Dakshina Kannada, Mangaluru. The appeal was allowed by order dated 16.01.2018 and the confirmation order was set aside.

5. In view of th