Sri Krishna Mutt Parisara Prathishtana (R) Vs the Commissioner

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE WRIT APPEAL BY SETTING ASIDE THE IMPUGNED ORDER DATED 05/06/2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.9701/2024 ON THE FILE OF THIS HON'BLE COURT AND TO DISMISS THE WRIT PETITION.

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THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2026:KHC:7811-DB WA No. 959 of 2024

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present intra Court appeal has been filed impugning the judgment and order dated 05.06.2024 passed in W.P.No.9701/2024 by the learned Single Judge.

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The parties are referred to as per their ranking before the writ Court, for the sake of convenience.

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The petitioner had filed the writ petition seeking a writ of mandamus, commanding the Commissioner, Udupi Municipality, Udupi to consider the petitioner's representation dated 25.03.2024 regarding the alleged illegal disconnection of drainage line to the petitioner's land premises bearing Door No. 8-2-86D situated at Shivani complex, Rajangana public car parking area, Udupi Shri Krishna Mutt, Udupi.

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The petitioner runs a canteen in the aforesaid premises. The sewage line of the petitioner's building complex was connected to the sewage line passing under the car parking area. However, it appears that in 2023 the sewage line got busted/damaged and when the petitioner attempted to repair the same, the respondents raised objections and filed

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NC: 2026:KHC:7811-DB WA No. 959 of 2024

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HC-KAR

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injunction suit in O.S.No.186/2023. However, no permanent injunction has been granted in the said suit. In the meantime, the petitioner has filed the writ petition as mentioned above.

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The learned Single Judge has disposed of the writ petition vide impugned judgment and order, directing the Commissioner, Udupi Municipality to reconnect the sewage line of the petitioner as expeditiously as possible and at any rate within a period of seven days from the date of receipt of copy of the order passed by the learned Single Judge.

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The respondent now has filed the writ appeal impugning the judgment and order passed by the learned Single Judge. During the pendency of the present writ appeal, the Co-ordinate Bench of this Court has passed an order dated 18.08.2025 in CCC No.651/2024 as well as in the present writ appeal. The order passed in CCC No.651/2024 was on the basis of the assurance given by the learned counsel appearing for the Mutt that the officers/officials would fully cooperate and ensure

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that the order passed by the learned Single Judge is implemented. In view of the aforesaid assurance, the hearing of the contempt petition was adjourned to 09.08.2025.

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NC: 2026:KHC:7811-DB WA No. 959 of 2024

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HC-KAR

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Thereafter, the sewage connection was restored and the contempt was dropped.

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The Co-ordinate Bench has also directed the

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Municipality to take steps under Section 197 of the Karnataka Municipality Act, 1964 (for short 'the Act') and issue necessary orders thereunder. In compliance of the order dated 18.08.2025 passed in Writ Appeal No.959/2024, the petitioner has been permitted to reconnect the sewage pipe to the main sewage line with certain conditions as enumerated in the order dated 17.01.2026 passed by the Municipality under Section 197 of the Act.

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Considering the aforesaid fact that an order has

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already been passed under Section 197 of the Act, permitting the petitioner to connect sewage pipe to the main sewage line with certain conditions as enumerated in the order dated 17.01.2026 passed by the Municipality, we are of the opinion that nothing survives in this writ appeal. Therefore, we dismiss this writ appeal as infructuous .

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NC: 2026:KHC:7811-DB WA No. 959 of 2024

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HC-KAR

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However, the Municipality shall ensure that the connection to the main sewage line is effected strictly in compliance with the order dated 17.01.2026 and the petitioner should comply all the conditions as enumerated in the said order. If the respondent is aggrieved by the order dated 17.01.2026 passed by the Municipality under Section 197 of the Act, he is at liberty to challenge the said order in accordance with law.

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Any observation made hereinabove will not come in the way of the petitioner challenging the said order.

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Sd/(D K SINGH) JUDGE

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Sd/(S RACHAIAH) JUDGE

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RKA

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List No.: 1 Sl No.: 0

Sri Krishna Mutt Parisara Prathishtana (R) v. the Commissioner

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Sri Krishna Mutt Parisara Prathishtana (R) v. the Commissioner

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