- 1 - NC: 2025:KHC:10418 WP No. 12119 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12119 OF 2016 (GM-RES) BETWEEN: SREE SRIKANTESHWARA MULTIPURPOSE CO-OPERATIVE SOCIETY NO. 14, VISHVESHWARAIAH BUILDING, K.R.CIRCLE, MYSORE – 570 001. REPRESENTED BY ITS PRESIDENT SRI. S. CHANDRASHEKAR …PETITIONER (BY SRI. RAJENDRA M , ADVOCATE) AND: 1. MYSORE PALACE BOARD MYSORE PALACE, MYSORE – 570 001. REPRESENTED BY ITS CHAIRMAN. 2. DIRECTOR OFFICE OF EXECUTIVE OFFICER MYSORE PALACE ROAD MYSORE – 570 001. 3. DEPUTY COMMISSIONER CUM EXECUTIVE OFFICER OFFICE OF EXECUTIVE OFFICER MYSORE PALACE ROAD MYSORE – 570 001. …RESPONDENTS (BY SRI. SACHIN B S, ADVOCATE FOR R1 – R3) THIS WP FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 29.02.2016 PASSED BY THE DIRECTOR, MYSORE PALACE BOARD, R-2 AT ANNEX-K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10418 WP No. 12119 of 2016 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for following reliefs: i. Issue a writ of certiorari or any other writ, order or direction setting aside the Order bearing No.KaNiA/MPB/AaaVi/2015-16/402 dated 29.02.2016 passed by the Director, Mysore Palace Board, the second respondent herein (Annexure-K); ii. Grant such other and further reliefs as are just including the costs of this petition. 2. The petitioner is a multipurpose co-operative society registered under the provisions of the Karnataka Co- operative Societies Act constituted in the year 1963 with an object of setting up of value price shops, e-stamping outlet, lending loans to its members for the purpose of promoting the financial, social and cultural activities to be taken up by its members etc. 3. The first respondent is a statutory Board, constituted under the Provisions of the Mysore Palace (Acquisition - 3 - NC: 2025:KHC:10418 WP No. 12119 of 2016 and Transfer Act, 1998). The Board of trustees of the first respondent consists of the Chief Secretary to Government of Karnataka as its Chairman, Secretary-Finance Department, Secretary-Department of Law, Secretary- Public Works Department, Secretary-Muzrai Institutions and other members and manages the Mysore Palace. The 2nd respondent is the Director appointed to facilitate better administration of the Officer of the Executive Officer. 4. The 1st respondent allotted a premises to the petitioner in the vicinity of the Mysore palace. The petitioner though commenced usage of the premises in pursuance of the lease deed executed on 16.11.2013, certain conditions being left out in the said lease deed. Hence, another lease deed was executed on 02.08.2014. The petitioner continued to render his services in respect thereto. 5. On 29.02.2016, a notice came to be issued to the petitioner, served on 01.03.2016 calling upon the petitioner to vacate the premises on the ground that the - 4 - NC: 2025:KHC:10418 WP No. 12119 of 2016 premises was required for certain other purposes, it is challenging the same petitioner is before this Court. 6. Notice having been issued, objections have been filed and it is contended in the said objections that in terms of lease agreement, the petitioner was required to provide certain equipments. The same not having been provided, the palace-Board has exercised its power under Sections 14 and 18 thereof and called upon the petitioner to vacate the premises. 7. When the matter was taken up on an earlier occasion, on enquiry as to whether the petitioner has to vacate the premises if the said equipments are provided, the learned counsel for the respondents sought time to obtain instruction and make his submission. Today a submission has been made that if the necessary equipments are provided to the petitioner within a period of three months from today, the petitioner could continue to use the premises. The said submission of the respondents answers the grievances of the petitioner. In view of the said submissions, the order dated 29.02.2016 passed by - 5 - NC: 2025:KHC:10418 WP No. 12119 of 2016 the Director, Mysore Palace Board, vide Annexure-K would not survive for consideration. As such, I pass the following: ORDER i. The writ petition is allowed. ii. A certiorari is issued, the order dated 29.02.2016 passed by the Director, Mysore Palace Board, vide Annexure-K is quashed subject to the petitioner installing the equipments a list thereof is provided to the petitioner today, within a period of three months from today. If the said equipments are not installed within three months, then the respondents are at liberty to take necessary action in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE JS List No.: 1 Sl. No.: 28