Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 13323 (KAR)

SRI. G. KANTHILAL v. THE ASSISTANT COMMISSIONER

WP/1005/2022 · 2025-08-18

R Nataraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:12724 WP No. 1005 of 2022 C/W WP No. 923 of 2022 WP No. 960 of 2022 AND 7 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1005 OF 2022 (GM-PP) C/W WRIT PETITION NO. 923 OF 2022 (GM-PP) WRIT PETITION NO. 960 OF 2022 (GM-PP) WRIT PETITION NO. 981 OF 2022 (GM-PP) WRIT PETITION NO. 985 OF 2022 (GM-PP) WRIT PETITION NO. 1031 OF 2022 (GM-PP) WRIT PETITION NO. 1157 OF 2022 (GM-PP) WRIT PETITION NO. 1172 OF 2022 (GM-PP) WRIT PETITION NO. 1300 OF 2022 (GM-PP) WRIT PETITION NO. 3021 OF 2022 (GM-PP) IN WP No. 1005/2022 BETWEEN: SRI. G. KANTHILAL S/O LATE GISSULAL AGED ABOUT 65 YEARS CARRYING ON BUSINESS IN THE NAME AND STYLE OF M/S RAJASHREE ENTERPRISES SHOP NO.10, SRI KAREKAL ANJANEYA SWAMY TEMPLE PREMISES MYSORE ROAD BANGALORE - 560 018 BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED …PETITIONER (BY SRI. ANANDARAMA K., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12724 WP No. 1005 of 2022 C/W WP No. 923 of 2022 WP No. 960 of 2022 AND 7 OTHERS AND: 1. THE ASSISTANT COMMISSIONER MUZARAI WORKS CITY DIVISION PODIUM BLOCK VISVESWARAIAH TOWERS DR. AMBEDKAR VEEDI BANGALORE - 560 001 2. THE AUTHORIZED OFFICER AND COMMISSIONER OF ENDOWMENTS 2ND FLOOR, SRI MALAI MAHADESWARA BHAVANA, A V ROAD, CHAMARAJPET BANGALORE - 560 018 …RESPONDENTS (BY SMT. H.R. ANITHA, ADV. FOR R1; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS ON THE FILE OF THE COMMISSIONER OF ENDOWMENTS AND AUTHORIZED OFFICER UNDER THE KARNATAKA PUBLIC PREMISES ACT, R-2 HEREIN AND IN MA NO.16/2015 ON THE FILE OF THE COURT OF LXXV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH 76) AND ETC. IN WP NO. 923/2022 BETWEEN: SRI. R. VEERABADRASWAMY S/O LATE H S RUDRAPPA AGED ABOUT 65 YEARS CARRYING ON BUSINESS IN THE NAME AND STYLE OF VEERABADRA TEA SHOP SHOP NO.18, SRI KAREKAL ANJANEYA SWAMY TEMPLE PREMISES MYSORE ROAD BANGALORE - 560 018 BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED ...PETITIONER (BY SRI. ANANDARAMA K., ADVOCATE) - 3 - NC: 2025:KHC:12724 WP No. 1005 of 2022 C/W WP No. 923 of 2022 WP No. 960 of 2022 AND 7 OTHERS AND: 1. THE ASSISTANT COMMISSIONER MUZARAI WORKS CITY DIVISION PODIUM BLOCK VISVESWARAIAH TOWERS DR AMBEDKAR VEEDI BANGALORE - 560 001 2. THE AUTHORIZED OFFICER AND COMMISSIONER OF ENDOWMENTS 2ND FLOOR SRI MALAI MAHADESWARA BHAVANA A V ROAD, CHAMARAJPET BANGALORE - 560 018 ...RESPONDENTS (BY SMT. H.R. ANITHA, ADV. FOR R1; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS ON THE FILE OF THE COMMISSIONER OF ENDOWMENTS AND AUTHORIZED OFFICER UNDER THE KARNATAKA PUBLIC PREMISES ACT, R-2 HEREIN AND IN MA NO.24/2015 ON THE FILE OF THE COURT OF LXXV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH 76) AND ETC. IN WP NO. 960/2022 BETWEEN: SRI. M. SELVANATHAN S/O LATE V MUNISWAMY AGED ABOUT 58 YEARS CARRYING ON BUSINESS IN THE NAME AND STYLE OF M/S VINAYAKA BANGLE STORES, SHOP NO.3 SRI KAREKAL ANJANEYA SWAMY TEMPLE PREMISES MYSORE ROAD BANGALORE - 560 018 ...PETITIONER (BY SRI. ANANDARAMA K.,ADVOCATE) - 4 - NC: 2025:KHC:12724 WP No. 1005 of 2022 C/W WP No. 923 of 2022 WP No. 960 of 2022 AND 7 OTHERS AND: 1. THE ASSISTANT COMMISSIONER MUZARAI WORKS CITY DIVISION PODIUM BLOCK VISVESWARAIAH TOWERS DR AMBEDKAR VEEDI BANGALORE - 560 001 2. THE AUTHORIZED OFFICER AND COMMISSIONER OF ENDOWMENTS 2ND FLOOR SRI MALAI MAHADESWARA BHAVANA A V ROAD CHAMARAJPET BANGALORE - 560 018 ...RESPONDENTS (BY SMT. H.R. ANITHA, ADV. FOR R1; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS IN CASE ON THE FILE OF THE COMMISSIONER OF ENDOWMENTS AND AUTHORIZED OFFICER UNDER THE KARNATAKA PUBLIC PREMISES ACT, R2 HEREIN AND IN MA.NO.29/2015 ON THE FILE OF THE COURT OF LXXV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH-76) AND ETC. IN WP NO. 981/2022 BETWEEN: SRI. H. BALAKRISHNA S/O LATE S HANUMANTHAPPA AGED ABOUT 64 YEARS CARRYING ON BUSINESS IN THE NAME AND STYLE OF M/S HBR GENTS BEAUTY PARLOUR, SHOP NO. 2 SRI KAREKAL ANJANEYA SWAMY TEMPLE PREMISES MYSORE ROAD, BANGALORE - 560 018 BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED ...PETITIONER (BY SRI. ANANDARAMA K., ADVOCATE) - 5 - NC: 2025:KHC:12724 WP No. 1005 of 2022 C/W WP No. 923 of 2022 WP No. 960 of 2022 AND 7 OTHERS AND: 1. THE ASSISTANT COMMISSIONER MUZARAI WORKS, CITY DIVISION PODIUM BLOCK VISVESWARAIAH TOWERS DR AMBEDKAR VEEDI BANGALORE - 560 001 2. THE AUTHORIZED OFFICER AND COMMISSIONER OF ENDOWMENTS 2ND FLOOR SRI MALAI MAHADESWARA BHAVANA A V ROAD CHAMARAJPET BANGALORE - 560 018 ...RESPONDENTS (BY SMT. H.R. ANITHA, ADV. FOR R1; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS IN CASE ON THE FILE OF THE COMMISSIONER OF ENDOWMENTS AND AUTHORIZED OFFICER UNDER THE KARNATAKA PUBLIC PREMISES ACT, R2 HEREIN AND IN MA.NO.28/2015 ON THE FILE OF THE COURT OF LXXV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH-76) AND ETC. IN WP NO. 985/2022 BETWEEN: SRI. MARIGUDDAIAH S/O LATE GUDDAIAH AGED ABOUT 56 YEARS CARRYING ON BUSINESS IN THE NAME AND STYLE OF 'VADIRAJA CONDIMENTS', SHOP NO.8 SRI KAREKAL ANJANEYA SWAMY TEMPLE PREMISES MYSORE ROAD BANGALORE - 560 018 ...PETITIONER (BY SRI. ANANDARAMA K.,ADVOCATE) - 6 - NC: 2025:KHC:12724 WP No. 1005 of 2022 C/W WP No. 923 of 2022 WP No. 960 of 2022 AND 7 OTHERS AND: 1. THE ASSISTANT COMMISSIONER MUZARAI WORKS CITY DIVISION PODIUM BLOCK VISVESWARAIAH TOWERS DR AMBEDKAR VEEDI BANGALORE - 560 001 2. THE AUTHORIZED OFFICER AND COMMISSIONER OF ENDOWMENTS 2ND FLOOR SRI MALAI MAHADESWARA BHAVANA A V ROAD CHAMARAJPET BANGALORE - 560 018 ...RESPONDENTS (BY SMT. H.R. ANITHA, ADV. FOR R1; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS IN CASE ON THE FILE OF THE COMMISSIONER OF ENDOWMENTS AND AUTHORIZED OFFICER UNDER THE KARNATAKA PUBLIC PREMISES ACT, R2 HEREIN AND IN MA.NO.18/2015 ON THE FILE OF THE COURT OF LXXV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH-76) AND ETC. IN WP NO. 1031/2022 BETWEEN: SRI. SANDEEP S/O SRI KANTHILAL AGED ABOUT 35 YEARS CARRYING ON BUSINESS IN THE NAME AND STYLE OF M/S ARCHANA ELECTRICALS, SHOP NO.07 SRI KAREKAL ANJANEYA SWAMY TEMPLE PREMISES MYSORE ROAD BANGALORE - 560 018 ...PETITIONER (BY SRI. ANANDARAMA K.,ADVOCATE) - 7 - NC: 2025:KHC:12724 WP No. 1005 of 2022 C/W WP No. 923 of 2022 WP No. 960 of 2022 AND 7 OTHERS AND: 1. THE ASSISTANT COMMISSIONER MUZARAI WORKS, CITY DIVISION PODIUM BLOCK VISVESWARAIAH TOWERS DR AMBEDKAR VEEDI BANGALORE - 560 001 2. THE AUTHORIZED OFFICER AND COMMISSIONER OF ENDOWMENTS 2ND FLOOR, SRI MALAI MAHADESWARA BHAVANA A V ROAD CHAMARAJPET BANGALORE - 560 018 ...RESPONDENTS (BY SMT. H.R. ANITHA, ADV. FOR R1; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS IN CASE ON THE FILE OF THE COMMISSIONER OF ENDOWMENTS AND AUTHORIZED OFFICER UNDER THE KARNATAKA PUBLIC PREMISES ACT, R2 HEREIN AND IN MA.NO.19/2015 ON THE FILE OF THE COURT OF LXXV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH-76) AND ETC. IN WP NO. 1157/2022 BETWEEN: SMT R GOWRAMMA W/O SRI M MAHADEVASWAMY AGED ABOUT 58 YEARS CARRYING ON BUSINESS IN THE NAME AND STYLE OF VEERESH TEA PACHING, SHOP NO 14 SRI KAREKAL ANJANEYA SWAMY TEMPLE PREMISES MYSORE ROAD BANGALORE 560018 ...PETITIONER (BY SRI. ANANDARAMA K.,ADVOCATE) - 8 - NC: 2025:KHC:12724 WP No. 1005 of 2022 C/W WP No. 923 of 2022 WP No. 960 of 2022 AND 7 OTHERS AND: 1. The ASSISTANT COMMISSIONER MUZARAL WORKS CITY DIVISION PODIUM BLOCK VISVESWARAIAH TOWERS DR AMBEDAKR VEEDI BANGALORE - 560001 2. THE AUTHORIZED OFFICER AND COMMISSIONER OF ENDOWMENTS 2ND FLOOR SRI MALAI MAHADESWARA BAHVANA A V ROAD CHAMRAJPET BANGALORE 560018 ...RESPONDENTS (BY SMT. H.R. ANITHA, ADV. FOR R1; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS ON THE FILE OF THE COMMISSIONER OF ENDOWMENTS AND AUTHORIZED OFFICER UNDER THE KARNATAKA PUBLIC PREMISES ACT, R-2 HEREIN AND IN MA.NO.22/2015 ON THE FILE OF THE COURT OF LXXV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH 76) AND ETC. IN WP NO. 1172/2022 BETWEEN: SRI R JAGADEESH S/O LATE H S RUDRAPPA AGED ABOUT 54 YEARS CARRYING ON BUSINESS IN THE NAME AND STYLE OF VEERESH TEA TRADERS, SHOP NO SS11 SRI KAREKAL ANJANEYA SWAMY TEMPLE PREMISES MYSORE ROAD BANGALORE - 560018 ...PETITIONER (BY SRI. ANANDARAMA K.,ADVOCATE) - 9 - NC: 2025:KHC:12724 WP No. 1005 of 2022 C/W WP No. 923 of 2022 WP No. 960 of 2022 AND 7 OTHERS AND: 1. THE ASSISTANT COMMISSIONER MUZARAI WORKS CITY DIVISON PODIUM BLOCK VISVESWARAIAH TOWERS DR AMBEDAKR VEEDI BANGALORE - 560001 2. THE AUTHORRIZED OFFICER AND COMMISSIONER OF ENDOWMENTS 2ND FLOOR SRI MALIA MAHADESWARA BHAVANA A V ROAD CHAMARAJPET BANGALORE - 560018 ...RESPONDENTS (BY SMT. H.R. ANITHA, ADV. FOR R1; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS ON THE FILE OF THE COMMISSIONER OF ENDOWMENTS AND AUTHORIZED OFFICER UNDER THE KARNATAKA PUBLIC PREMISES ACT, R-2 HEREIN AND IN MA NO.20/2015 ON THE FILE OF THE COURT OF LXXV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH 76) AND ETC. IN WP NO. 1300/2022 BETWEEN: SRI R RAJASHEKAR S/O LATE H S RUDRAPA AGED ABOUT 61 YEARS CARRYING ON BUSINESS IN THE ANME AND STYLE OF M/S VEERESH TEA TRADERS, SHOP NO.9 SRI KAREKAL ANJANEYA SWAMY TEMPLE PREMISES MYSORE ROAD BANGALORE - 560018 ...PETITIONER (BY SRI. ANANDARAMA K.,ADVOCATE) - 10 - NC: 2025:KHC:12724 WP No. 1005 of 2022 C/W WP No. 923 of 2022 WP No. 960 of 2022 AND 7 OTHERS AND: 1. ASSISTANT COMMISSIONER MUZARAI WORKS CITY DIVISON PODIUM BLOCK VISVESWARAIAH TOWERS DR AMBEDAKR VEEDI BANGALORE - 560001 2. THE AUTHORIZED OFFICER AND COMMISSIONER OF ENDOWMENTS 2ND FLOOR SRI MALAI MAHADESWARA BAHVAN A V ROAD CHAMRAAJPET BANGALORE 560018 ...RESPONDENTS (BY SMT. H.R. ANITHA, ADV. FOR R1; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS ON THE FILE OF THE COMMISSIONER OF ENDOWMENTS AND AUTHORIZED OFFICER UNDER THE KARNATAKA PUBLIC PREMISES ACT, R-2 HEREIN AND IN MA NO.23/2015 ON THE FILE OF THE COURT OF LXXV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH 76) AND ETC. IN WP NO. 3021/2022 BETWEEN: SRI RAMAMURTHY SON OF ADDAPPA AGED ABOUT 57 YEARS, R/AT SHOP NO 12, SRI KAREKAL ANJANEYA SWAMY TEMPLE PREMISES MYSORE ROAD, BANGALORE 560018 ...PETITIONER (BY SRI. ANANDARAMA K.,ADVOCATE) - 11 - NC: 2025:KHC:12724 WP No. 1005 of 2022 C/W WP No. 923 of 2022 WP No. 960 of 2022 AND 7 OTHERS AND: 1. THE ASSISTANT COMMISSIONER MUZARAI WORKS CITY DIVISION PODIUM BLOCK, VISVESWARAIAH TOWERS, DR AMBEDKAR VEEDI, BANGALORE 560001 2. THE AUTHORIZED OFFICER AND COMMISSIONER OF ENDOWMENTS 2ND FLOOR SRI MALAI MAHADESWARA BHAVANA A V ROAD, CHAMARAJPET BANGALORE 560018 ...RESPONDENTS (BY SMT. H.R. ANITHA, ADV. FOR R1; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS ON THE FILE OF THE COMMISSIONER OF ENDOWMENTS AND AUTHORIZED OFFICER UNDER THE KARNATAKA PUBLIC PREMISES ACT,R2 HEREIN AND IN MA NO.21/2015 ON THE FILE OF THE COURT OF VI ADDITIONAL CITY CIVIL JUDGE,JUDGE,BENGALURU(CCH-11) AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 12 - NC: 2025:KHC:12724 WP No. 1005 of 2022 C/W WP No. 923 of 2022 WP No. 960 of 2022 AND 7 OTHERS CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners in all these cases are the ones who are eking out their livelihood by conducting the business in the shops coming within the precincts of Sri Karekal Anjaneya Swamy Temple. They are before this Court calling in question orders dated 23.01.2020, passed in M.A.Nos.16/2015, 24/2015, 29/2015, 28/2015, 18/2015, 19/2015, 22/2015, 20/2015 and 23/2015 and order dated 22.07.2021, in M.A.No.21/2015, respectively, by the VI Additional City Civil Judge, Bengaluru (CCH-11), directing eviction of these petitioners from the shop premises. 2. Heard Sri Anandarama K., learned counsel for petitioners, Smt. H.R.Anitha, learned counsel for respondent No.1 and Sri Mohammed Jaffar Shah, learned Additional Government Advocate for respondent No.2, in all the petitions. 3. The petitioners as observed hereinabove, were occupants of certain shop premises in the precincts of the - 13 - NC: 2025:KHC:12724 WP No. 1005 of 2022 C/W WP No. 923 of 2022 WP No. 960 of 2022 AND 7 OTHERS aforesaid temple. The Commissioner for Hindu Religious Institutions and Charitable Endowments initiates proceedings for eviction of these petitioners, invoking the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 in the respective aforesaid miscellaneous applications, indicated in the petitions. The orders aforesaid come to be passed directing eviction of the petitioners – tenants; challenge to the said orders also fail, and therefore, the petitioners are before this Court in the subject petitions. 4. The reason for initiating eviction proceedings against these petitioners is, the shops in which they are vending their business being in a dilapidated condition. Owing to the fact that the shops are in dilapidated conditions, a report was sought. The report is filed before this Court and it confirms that the buildings are in bad condition. 5. Learned counsel for petitioners in all these cases Sri.Anandarama K., would dispute the position that the buildings are in dilapidated condition. Therefore, there is a dispute with regard to the condition of the building. The Authorities are now wanting to demolish the entire structure - 14 - NC: 2025:KHC:12724 WP No. 1005 of 2022 C/W WP No. 923 of 2022 WP No. 960 of 2022 AND 7 OTHERS and construct new shops. Therefore, in public interest and also the fact that no untoward incident should lead to any injury or fatality to the public, I deem it appropriate to grant the petitioners in all these cases three months time to vacate the premises, subject to the following conditions: i) In the event, the submission of the respondents is false or they are not going to demolish the property and construct another building, the petitioners in all these cases are at liberty to move these matters seeking restoration of these proceedings including the interim order. ii) In the event, the respondents would lease it out to someone else without demolishing the property, here again, the petitioners in all these cases are at liberty to move these matters seeking restoration of the petitions and the interim order thereon. iii) In the event, the demolition is made and new shops are constructed, all the petitioners in all these cases shall be offered at the outset for lease of the shops before considering the shops to be given to general public. - 15 - NC: 2025:KHC:12724 WP No. 1005 of 2022 C/W WP No. 923 of 2022 WP No. 960 of 2022 AND 7 OTHERS (iv) This order is passed on a consensus between the parties. 6. With the aforesaid observations, the petitions stand disposed and the liberty as observed hereinabove, is granted to the petitioners. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 1