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2025 DAILYLAW 14294 (KAR)

SRI.V R KAMAT v. KARNATAKA SLUM DEVELOPMENT BOARD

WP/2898/2020 · 2025-01-27

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:3601 WP No. 2898 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 2898 OF 2020 (GM-PP) BETWEEN: SRI. V.R.KAMAT S/O K.R.T.KAMAT, AGED ABOUT 59 YEARS, R/O FLAT NO.003, NO.84, SEEGEHALLI, BIDARAALLI, BENGALURU. …PETITIONER (BY SMT. SAVITHA., ADVOCATE FOR SRI. ASHOK PATIL., ADVOCATE) AND: 1. KARNATAKA SLUM DEVELOPMENT BOARD REPT. BY ITS EXECUTIVE ENGINEER, RASAIDHAR ROAD, SHESHADRIPURAM, BENGALURU-560 020. 2. EXECUTIVE ENGINEER CUM ESTATE OFFICER, EXECUTIVE ENGINEER OFFICE, ESTATE DIVISION, KARNATAKA SLUM BOARD, RESALDHAR ROAD, SHESHADRIPURAM, BENGALURU-560 020. 3. THE ASSISTANT EXECUTIVE ENGINEER, 5TH SUB-DIVISION, LAGGERE, KARNATAKA SLUM BOARD, BENGALURU-560 020. …RESPONDENTS (BY SMT. AMRUTHA VARSHINI.M.C., ADVOCATE) Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3601 WP No. 2898 of 2020 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.Savitha., counsel on behalf of Sri.Ashok Patil., for the petitioner and Smt.Amrutha Varshini.M.C., for the respondents have appeared in person. 2. The competent authority - Karnataka Slum Development Board, Bengaluru vide order dated:22.05.2017 passed order under Section 4(1) of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974 and directed the petitioner to vacate the public premises bearing Shop No.B-1, B-2, G-1 & G-2, Sanjay Gandhi Nagar, Bengaluru and to hand over the vacant possession to the Slum Board. As against the said order, a Miscellaneous Appeal in M.A.No.20/2017 was filed by the petitioner before the Prl. District and Sessions Judge, Bengaluru. The Trial Court vide order dated 29.11.2019 rejected the appeal. Hence, the petitioner has filed the captioned Writ Petition on several grounds as setout in the Memorandum of Writ Petition. - 3 - NC: 2025:KHC:3601 WP No. 2898 of 2020 3. Counsel Smt.Savitha., appearing on behalf of the petitioner vehemently contends that the original order is opposed to the principles of natural justice. She argued by saying that the order of eviction and also the rejection of the appeal by the Trial Court are contrary to the evidence on record. Counsel therefore, submits that an appropriate order may be passed. By way of reply to this contention counsel Smt.Amrutha Varshini.M.C., appearing on behalf of Karnataka Slum Development Board submits that a detailed statement of objections is filed and the same may be taken note of. Counsel therefore, submits that an appropriate order may be passed. 4. Heard the arguments and perused the Writ papers with care. 5. Suffice it to note that the Slum Board issued a notice to the petitioner on 05.12.2016. The petitioner submitted his reply on 23.12.2016. Pursuant to the reply, the authority had issued one more notice to the petitioner on 16.02.2017. Thereafter, the competent authority proceeded further in the matter and passed the order of eviction. Hence, - 4 - NC: 2025:KHC:3601 WP No. 2898 of 2020 the contention of the petitioner that the order is opposed to the principles of natural justice is untenable. Moreover, pursuant to the dismissal of Miscellaneous Appeal, the respondents have taken possession of the property in question on 18.04.2020 as is evident from Annexure-R5. I find no grounds to interfere with the order passed by the Slum Board and also the Trial Court. The Writ Petition is devoid of merits and is liable to be dismissed. 6. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP/TKN List No.: 3 Sl No.: 28