Mr. Chandrashekar Poojary v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 1220 OF 2024 (LB-RES) BETWEEN:

¶1MR. CHANDRASHEKAR POOJARY S/O CHINNAYYA POOJARY AGED ABOUT 50 YEARS RA/T VRINDAVANA THRIUVALLI VILLAGE MANGALORE TALUK 575028 …APPELLANT (BY SRI. DHANANJAY KUMAR., ADVOCATE)

AND:

¶1THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEPARTMENT VIDHANA SOUDHA BANGALORE 560001

¶2THE PANCHAYATH DEVELOMENT OFFICER KANDAVARA VILLAGE PACHAYATH KINNIKAMBLA POST KOLAMBE VILLAGE MANGALORE TALUK 574151

3. MR RATHNAKAR BHANDARY S/O SUNDER BHANDARY AGED ABOUT 53 YEARS

Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

RA/T VEDA SUDNARA NO 2/525/2 NEAR POLICE STATION BAJPE MANGALORE 574151 …RESPONDENTS (BY SRI. B.RAVINDRANATH, AGA FOR R1; SRI. K.CHANDRANATH ARIGA, ADVOCATE FOR R2; SRI. ASHWIN JOYSTON KTINHA, ADVOCATE FOR R3)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED

28.07.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP No-10138/2020 AND ALLOW THE WRIT APPEAL WITH COST AS PRAYED FOR UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

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

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN

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

The present intra Court appeal has been filed impugning the judgment and order dated 28.07.2022 passed by the writ Court in W.P.No.10138/2020 instituted by respondent No.3 herein.

¶2In the writ petition, the following prayers were sought for:-

"(i) Issue writ of mandamus directing the 2nd respondent to implement the order dated 27.9.2017 and to consider the representation dated 13.2.2020 vide ANNEXURES-A & B

ii) Issue any other writ or order or direction which this Hon'ble Court deems fit and proper under the facts and circumstances of the case in the Interest of justice and equity."

¶3The writ Court allowed the writ petition and directed the Panchayat Development Officer of Kandavara Village Panchayat to implement the order dated 27.09.2017 calling upon the appellant to remove the deviation, failing which, action will be taken for demolition of the extra construction without further notice.

¶4The learned counsel for the appellant submits that the extra construction put up by him is within the limits, which can be compounded and in this regard the appellant has already moved an application for compounding the extra construction.

¶5Sri. Chandranath Ariga learned counsel appearing for respondent No.2-the Panchayath Development Officer has filed a memo enclosing therewith an inspection report submitted by

the Panchayat Development Officer of Kandavaram Grama Panchayat dated 21.08.2026. In pursuant to the order dated

08.04.2026 passed in the present appeal, notices were issued to the affected parties. The report dated 21.08.2026 would read as under:- "¸ÀASÉå:UÁæ.¥ÀA.PÀA:582/2026-2027 ¢£ÁAPÀ:21/08/2026 Inspection Report submitted by the Panchayath Development Officer of Kandavara Grama Panchayat

Inspection Report submitted by the Panchayath Development Officer of Kandavara Grama Panchayat after inspection of the upstairs building constructed in S.No. 6-2F/P110 of Kolambe Village in the property standing in the name of Sri Chandrashekara poojary, Respondent No. 3 as per the order in W.P.No. 1220/2024 (LB-RES) of the Hon'ble High Court of Karnataka, Bangalore dated 08-04-2026.

The undersigned Panchayath Developmemnt Officer along with the Grama Panchayath staff member and a private civil engineer visited the above property on 14-8-2026

after giving notice dated 12/08/2026 to the contesting parties. The property was measured and the

construction was verified with reference to the building sanction plan No. 66/2018-19 dated 15-12-2018.

The property is enclosed by a compound wall. The set back on all four sides of the building are given with reference to the boundary walls on all four sides. On measurement, it was found as follows: Public road is running on the northern side. On the western side set back from western boundary wall to the building is 4ft 3 in. Set back on the Northern side from the boundary wall to the building at the north western side is 3ft 5" and at North eastern side is 6 ft 2 in. Set back on the Eastern side from the eastern boundary wall to the building is 4 ft 5 inc on the northern side and 7 ft on the South eastern side. Set back on the Southern side is from eastern boundary wall to the building is 4 ft 10 inch on the eastern side and

5.8" on the western side

All these measurements have been shown in the sketch attached to this report."

¶6Thus the Panchayath Development Officer is of the view that the extra construction put up by the appellant is within the permissible limit of compounding.

¶7In view thereof, we allow this appeal and set aside the impugned judgment and order dated 28.07.2022 passed by the writ Court and direct respondent No.2 - the Panchayath Development Officer, Kandavara Village Panchayath, to consider the application dated 24.03.2023 and take a decision on the application within a period of one month from today to compound the extra construction put up by him in accordance with law, levy and recover the compounding fees.

¶8Pending interlocutory applications, if any, stand disposed of. Sd/- (D K SINGH) JUDGE

Sd/- (H.SHANTHI BHUSHAN) JUDGE

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