- 1 - NC: 2025:KHC:6713 WP No. 16580 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 16580 OF 2017 (GM-PP) BETWEEN: SRI HABEEB AHMED S/O LATE AHMED JAN.G, AGED BOUT 44 YEARS, R/AT "MODERN CAFÉ AND TEA STALL", OPPOSITE ST.PHILOMEN CURCH, MYSURU-570 023. …PETITIONER (BY SRI. SANGAMESH.R.B., ADVOCATE) AND: 1. MYSURU CITY CORPORATION, REPRESENTED BY ITS DEPUTY COMMISSIONER (REVENUE), NEW SAYYAJI RAO ROAD, MYSURU-570 023. 2. MYSURU CITY CORPORATION, REPRESENTED BY ITS COMPETENT OFFICER, UNDER KPP ACT 1974, AND THE COMMISSIONER, NEW SAYYAJI RAO ROAD, MYSURU-570 023. …RESPONDENTS (BY SRI. HEMANTH., ADVOCATE FOR SMT. GEETHADEVI., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6713 WP No. 16580 of 2017 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Sangamesh.R.B., counsel for the petitioner and Sri.Hemanth., counsel on behalf of Sri.Geethadevi., for respondents 1 and 2 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:28.07.2016 passed by the second respondent under the KPP Act in Case No.PP 4/2007 vide Annexure-A and to quash the order dated:15.03.2017 passed in M.A.No.48/2016 on the file of the learned 7th Addl. District Judge, Mysuru vide Annexure-B. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that the petitioner was permitted to run a fruit and vegetable stall in the schedule premises measuring about 15 X 11 Ft situated opposite to St.Philomena's Church, Mysuru. The respondents authority issued notice to evict and to handover vacant possession of the premises and - 3 - NC: 2025:KHC:6713 WP No. 16580 of 2017 also initiated proceedings under the provisions of Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974. The original authority referred to the material on record and allowed the petition vide order dated:28.07.2016 and directed the petitioner to quit and deliver the vacant possession of the property in question to the respondents. Against the said order, the petitioner preferred an appeal before the VII Addl. District Judge, Mysuru in M.A.No.48/2016 and the Court vide order dated:15.03.2017 confirmed the order of the original authority. I have perused the order with utmost care, there is no infirmity as such found in the orders. Hence, I decline to grant relief as prayed for by the petitioner. The Writ Petition is devoid of merits and the same is liable to be reject. 5. Resultantly, the Writ Petition is rejected. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 17