Disposed¶39

G B Jagadeesh v. the Chief Officer

Karnataka HC9 Feb 2026WP/3588/2026

Case brief

AI extract

What is this about?

WP No. 3588 of 2026 (LB-RES), High Court of Karnataka, decided 09.02.2026, Suraj Govindaraj J - certiorari against municipal show cause notices (Annexures-A, B, M) alleging plan violation and requiring stoppage of construction; plea of construction completed in 2021 rejected as no reply filed to show cause notices; petitioner permitted to reply by 16.02.2026; respondent No.1 to pass orders by 23.02.2026; interim restraint against coercive steps.

What did the court decide?

Petition disposed of: liberty reserved to the petitioner to reply to Annexures-A, B and the show cause notice dated 30.07.2025 (reply undertaking on or before 16.02.2026); respondent No.1 to consider the reply and pass orders on or before 23.02.2026; respondents restrained from precipitative or coercive steps until then. ¶39

G B Jagadeesh Vs the Chief Officer — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

¶39

Issue for consideration

Whether the show cause notices issued by respondent No.1 (Annexures-A, B and M) alleging violation of the plan and calling for stoppage of construction ought to be quashed, given the petitioner's claim that construction was completed in 2021 but that he has not replied to the notices.

¶34

Ratio / Principle

Without replying to the show cause notices, the petitioner cannot contend that the construction having been completed in 2021 obviates the notices.

¶35

Key takeaways

Once a reply is submitted, the respondents may inspect the property to ascertain whether construction is ongoing or completed and thereafter take necessary action in accordance with law.ratio¶38
Liberty was reserved to the petitioner to reply to Annexures-A and B and the earlier show cause notice dated 30.07.2025, and the petition stands disposed of with those observations.ratio¶39

Detailed headnote1 paragraphs

Constitution of India, Articles 226 and 227 - Writ petition seeking certiorari against three show cause/notices issued by respondent No.1, Town Municipality, Kushalanagara (Annexure-A dated 18.11.2025, Annexure-B dated 09.01.2026, Annexure-M dated 30.07.2025) alleging violation of the plan and calling upon the petitioner to stop construction - Petitioner contended construction was completed in 2021 - Held: without replying to the show cause notices the petitioner cannot contend that completion of construction answers the notices; on receipt of reply the respondents may inspect the property and take action in accordance with law - Liberty reserved to reply by 16.02.2026; respondent No.1 to consider the reply and pass orders on or before 23.02.2026; respondents restrained from precipitative or coercive steps till then - Petition disposed of.

¶1

NC: 2026:KHC:7726 WP No. 3588 of 2026

¶2

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 9^TH DAY OF FEBRUARY, 2026

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3588 OF 2026 (LB-RES)

¶8

BETWEEN:

¶9

G.B. JAGADEESH S/O M.J. BASAVARAJU, AGED ABOUT 46 YEARS, GONDIBASAVANAHALLI VILLAGE, MADAPATTANA POST, KUSHALNAGAR TALUK KODAGU DISTRICT - 571 234.

¶10

…PETITIONER

¶11

(BY SRI. PRATHEEP K.C, ADVOCATE)

¶12

AND:

¶13

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

¶14

THE CHIEF OFFICER TOWN MUNICIPALITY, KUSHALANAGARA,

¶15

KODAGU - 571 234.

¶16

THE SECRETARY, URBAN DEVELOPMENT AUTHORITY, KUSHALANAGARA, KODAGU DISTRICT - 571 234.

¶17

…RESPONDENTS

¶18

(BY SRI. VENKATESH R. BHAGATH, ADVOCATE FOR R1; SRI. NAGENDRA NAIK R, ADVOCATE FOR R2)

¶19

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE

¶20

2 - NC: 2026:KHC:7726 WP No. 3588 of 2026

¶21

HC-KAR

¶22

IMPUGNED NOTICE DATED 18.11.2025 BEARING NO. SA/PU.KU/KAM.AA/03/2025-26 ISSUED BY RESPONDENT NO.1 (ANNEXURE-A) IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

¶23

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

¶24

ORAL ORDER

¶25

Sri. Venkatesh R. Bhagath, learned counsel accepts notice for respondent No.1.

¶26

Sri. Nagendra Naik R., learned counsel accepts notice for respondent No.2.

¶27

Petitioner is before this Court seeking for the following reliefs:

¶28

(a) Issue a writ of Certiorari or in the nature thereof or any other appropriate writ, quashing the impugned notice dated 18.11.2025 bearing No. SA/PU.KU/KAM.AA/03/2025-26 issued by respondent No.1 (ANNEXURE-A) in the interest of Justice and equity.

¶29

(b) Issue a writ of Certiorari or in the nature thereof or any other appropriate writ, quashing the impugned notice dated 09.1.2026 bearing No. SA/PU.KU/ΚΑΜ.ΑΑ/04/2025-26 issued by respondent No.1 (ANNEXURE-B) in the interest of Justice and equity.

¶30

3 - NC: 2026:KHC:7726 WP No. 3588 of 2026

¶31

HC-KAR

¶32

(c) Issue a writ of Certiorari or in the nature thereof or any other appropriate writ, quashing the impugned notice dated 30.7.2025 bearing No. SA/PU.KU/KAM.AA/02/2025-26 issued by respondent No.1 (ANNEXURE-M) in the interest of Justice and equity.

¶33

(d) To pass any such order as this Hon'ble court deems fit in the circumstances of the case in the interest of justice and Equity.

¶34

The grievance of the petitioner is that by way of the impugned notice dated 18.11.2025 at Annexure-A, the respondents alleging that there is a violation of the plan section and were called upon the petitioner to stop construction.

¶35

The submission of learned counsel for the petitioner is that the construction has already been completed in the year 2021 and as such, there is no question of stopping construction. Even if that may be the case, it is for the petitioner to reply to the show cause notice dated 18.11.2025 and 09.01.2026, which is the third show cause notice. There being an earlier show cause notice dated 30.07.2025, without replying to the show cause notices, the petitioner cannot take up a contention that the construction has already been completed in the year 2021. Once such a reply is submitted by the petitioner,

¶36

4 - NC: 2026:KHC:7726 WP No. 3588 of 2026

¶37

HC-KAR

¶38

respondents could always inspect the property to ascertain if the construction is ongoing or construction is completed and thereafter take necessary action in accordance with law.

¶39

Reserving liberty to the petitioner to reply to Annexures-A and B and the earlier show cause notice dated 30.07.2025, the petition stands disposed of with the above observations.

¶40

The submission of learned counsel for the petitioner that the reply would be submitted within one week from today i.e. on or before 16.02.2026 is placed on record.

¶41

Respondent No.1 is directed to consider the said reply and pass necessary orders within one week thereafter i.e. on or before 23.02.2026. Until then respondents are restrained from taking any precipitative or coercive steps against the petitioner.

¶42

SD/(SURAJ GOVINDARAJ) JUDGE

¶43

GJM

¶44

List No.: 2 Sl No.: 18

G B Jagadeesh v. the Chief Officer

Case brief

What is this about?

What did the court decide?

G B Jagadeesh v. the Chief Officer

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt. Putta Ningamma Vs the Commissioner

Arun Kumar K S Vs the State of Karnataka

Sri Malepati Vasu Babu Vs the State of Karnataka

Sri Narayanaswamy K Vs the State of Karnataka

Smt Shanthamma G Vs the Chief Election Commissioner

Sri Sanjeev Rao Vs the Principal Secretary