Vincent D Souza Vs Deputy Commissioner — Writ and Judicial Review | Karnataka HC (2026)

Vincent D Souza Vs Deputy Commissioner — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:21165 WP No. 14875 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 14875 OF 2025 (LB-RES)

BETWEEN:

VINCENT D'SOUZA

S/O MOURICE D'SOUZA AGED ABOUT 48 YEARS

MR. STANI D'SOUZA S/O MOURCE D'SOUZA AGED ABOUT 57 YEARS

BOTH ARE R/AT NO.7-64/(1) SPRING FIELD HOUSE OPP. ANJANEYA AUTO WORKS KOITEBAGILU MOODABIDRI TALUK DAKSHINA KANNADA DIST-574 227.

Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

(BY SRI. S.RAJASHEKAR, ADVOCATE)

AND:

DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT BUNDER, MANGLURU-575 001.

…PETITIONERS

THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL NEAR GOVT. HOSPITAL MOODABIDRI

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NC: 2026:KHC:21165 WP No. 14875 of 2025

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DAKSHINA KANNADA DIST-574 227.

THE MEMBER SECRETARY MOODABIDRI PLANNING AUTHORITY

MOODABIDRI, D.K.DISTRICT-574 227.

MR.SUNDARA POOJARY S/O LOKAYYA POOJARY AGED ABOUT 55 YEARS R/AT HAMBALA HOUSE NARAVI VILLAGE

BELTHANGADY TALUK, D.K.-574 108.

[AMENDED VIDE COURT ORDER DATED 04.02.2026] …RESPONDENTS

(BY SMT. SPOORTHI V., HCGP FOR R1; SRI. K.CHANDRANATH ARIGA, ADVOCATE FOR R2 & R3)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE 2^ND RESPONDENT TO TAKE SUITABLE ACTION PURSUANT TO ISSUANCE OF NOTICE DATED 03.08.2024 BEARING MuPu/CR/50/2024-25 AND THE NOTICE DATED 12.11.2024 BEARING NO.MuPu/E.Aa.Ne/CR/161/2024-25 BOTH ISSUED BY THE 2^ND RESPONDENT VIDE ANNEXURES-A AND B AND ETC.

THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

Action was initiated against respondent no.4 by respondent no.2 for leaving the waste water near the property of the petitioners and also for encroaching upon certain portions of land belonging to the Government. In this regard notices were issued to respondent no.4.

On the allegation that the action initiated by respondent no.2 is not taken to its logical end, the present petition is filed with the following prayers:

"a) Issue a Writ, order of direction in the nature of mandamus directing the directing the 2^nd respondent to take suitable action pursuant to issuance of notice dated 03.08.2024 bearing MuPu/CR/50/2024-25 and the notice dated 12.11.2024 bearing No.MuPu/E.Aa.Ne/CR/161/2024-25 both issued by 2^nd respondent vide Annexures-A and B. b) Pass such other order or orders as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity."

Learned counsel for respondent no.2 categorically

submits that action has been taken to its logical end and there

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HC-KAR

is no waste water flowing outside the premises of the petitioners and the alleged encroachment made by respondent no.4 also has been removed. The petitioners dispute the aforementioned submissions.

This Court cannot examine the disputed question of facts of the above nature in exercise of its powers under Article 226 of the Constitution of India.

For the aforementioned reasons, the writ petition is hereby dismissed reserving the liberty to the petitioners to approach the Civil Court, if they are aggrieved.

Sd/(M.I.ARUN) JUDGE

PGG

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