(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue writ in the Nature of Certiorari quashing the impugned Demolition Notice Manapa/Nayovi/Cr.224/2003-04/E4 passed in dated 30.04.2026 by the Respondent No.1 authority vide Annexure-F.)

Oral Order

1. This writ petition is taken up for hearing, in view of urgency pleaded in the light of issuance of a notice dated 30.04.2026 produced at Annexure-F in terms of which the petitioner herein has been called upon by the Commissioner, Mangaluru Mahanagara Palike- respondent No.1, to demolish excess construction measuring 16.43 sq. meters over the pent house area forthwith failing which demolition would be done by the respondent authority at the cost of petitioner.

2. Matter is taken up with consensus for final disposal.

3. Heard Sri.Ravindranath Kamath, learned Senior counsel for Sri.Divyatej, learned counsel for petitioner, Sri.K.N.Nitish, learned counsel for Sri.K.V.Narasimhan, learned counsel for respondent No.1.

4. Perusal of the records indicate that upon the complaint filed by owners of Hallmark Apartment building as well as President of the Hallmark Apartment Owners Association alleging illegal construction of pent house area against the petitioner herein and his vendor, proceedings were initiated by the Commissioner, Mangaluru Mahanagara Palike, respondent No.1. By order dated 07.06.2021 Commissioner, Mangaluru Mahanagara Palike- respondent No.1, has held that there is violation of sanctioned plan to the extent of 16.43 Square meters of construction by the petitioner/his vendor. Being aggrieved petitioner herein and his vendor had preferred Miscellaneous Appeals before the III Additional District and Sessions Judge, D.K., Mangaluru. By order dated 09.12.2022 said Miscellaneous appeals came to be dismissed confirming the order dated 07.06.2021 passed by the Commissioner, Mangaluru Mahanagara Palike-respondent No.1.

5. It appears pursuant to the said order, the Commissioner, Mangaluru Mahanagara Palike- respondent No.1, had demolished portion of the illegal structure. Thereafter by the impugned notice dated 30.04.2026 at Annexure-F petitioner has been now called upon to demolish 16.43 square meters of the unauthorised constructed area.

6. Sri.Ravindranath Kamath, learned Senior counsel after arguing the matter at length submits if in the event of the Commissioner, Mangaluru Mahanagara Palike, respondent No.1 identifying the extent of 16.43 square meters of unauthorised construction to be demolished in terms of the orders passed, the petitioner is ready and willing to demolish the same. He further submits that without even providing sufficient opportunity or identifying the alleged unauthorised constructed area, the Commissioner, Mangaluru Mahanagara Palike, respondent No.1 has issued the impugned notice causing prejudice to the petitioner.

7. Learned counsel appearing for respondent No.1- Mangaluru Mahanagara Palike submits that respondent authority would identify 16.43 square meters of illegal constructed area through the Assistant Executive Engineer, to be demolished with prior notice to the petitioner.

8. That since the petitioner is ready and willing and undertaking to demolish 16.43 square meters unauthorised constructed area subject to the same being identified by the Commissioner, Mangaluru Mahanagara Palike- respondent No.1, nothing survives for consideration in this petition.

In view of the above, following:

ORDER

          (i) The Commissioner, Mangaluru Mahanagara Palike, respondent No.1 either himself or through Assistant Executive Engineer shall identify 16.43 square meters of unauthorised constructed area of the building/apartment belonging to the petitioner which has been ordered to be demolished vide order dated 09.06.2021 confirmed in Misc. Appeal No.21/2021 and Misc. Appeal No.2/2022 dated 09.12.2022.

          (ii) The process of identifying the area as above shall be done at 11.00 a.m. on 04.05.2026 in the presence of the petitioner and his counsel at the spot.

          (iii) Petitioner shall thereafter comply with the directions/orders of demolition referred to above within 15 days thereafter.

          (iv) Respondent authority is directed to not to precipitate the matter till compliance of the aforesaid directions.

          Petition is disposed of accordingly.

          Hand delivery of the order is permitted.