- 1 - NC: 2025:KHC:15150 WP No. 7966 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 7966 OF 2025 (LB-RES) BETWEEN: MANJUNATHA N S/O LATE NARAYANA SETTY P. AGED ABOUT 48 YEARS, BUSINESSMAN, SHOP NO.3, MUNICIPALITY SHOPPING COMPLEX, NEAR BUS STAND, PAVAGADA TOWN, TUMAKURU DISTRICT - 561 202. …PETITIONER (BY SRI. GANGADHARAPPA A.V., ADVOCATE) AND: 1. TOWN MUNICIPAL COUNCIL REPRESENTED BY CHIEF OFFICER, PAVAGADA, TUMKUR DISTRICT - 561 202. 2. CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, PAVAGADA, TUMKUR DISTRICT - 561 202. …RESPONDENTS (BY SRI. D. NAGARAJA, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALLING FOR THE RECORDS AND PROCEEDINGS OF THE CASE, DIRECT RESPONDENT TO FORTHWITH REMOVE THE LOCK AND SEAL PUT BY THEM TO SHOP NO. 3 IN THE MUNICIPAL COMMERCIAL Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15150 WP No. 7966 of 2025 COMPLEX, IN PAVAGADA TOWN, TUMKURU DISTRICT IN WHICH THE PETITIONER IS CARRYING ON BUSINESS, BY DECLARING THE ACTION OF RESPONDENTS IN LOCKING AND SEALING THE SHOP IN QUESTION IS ILLEGAL AND WITHOUT AUTHORITY OF LAW AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioner has filed the present petition seeking issuance of writ in the nature of mandamus directing the respondents to remove the lock and seal put up by them to shop No.3 in the Municipal Commercial Complex, in Pavagada Town, Tumkur District. 2. It is the case of the petitioner that the action of sealing the property is contrary to law and their obligation to take possession in accordance with law. 3. During the pendency of proceedings, direction was passed to deseal the premises and it is submitted that the premises has been desealed. - 3 - NC: 2025:KHC:15150 WP No. 7966 of 2025 4. Insofar as recovery of possession is concerned, counsel appearing for the Authority submits possession would be taken in accordance with law and infact, proceedings have been initiated under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and as regards such order, miscellaneous petition has been filed by the petitioner in M.A.No.5002/2025. 5. In light of the same, petition is disposed off while clarifying that petitioner is necessarily bound by the outcome of the proceedings initiated under the Public Premises Act. No other issue arises for consideration. 6. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 21