- 1 - HC-KAR NC: 2025:KHC:20079 WP No. 16763 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO.16763 OF 2025 (GM-R/C) BETWEEN: 1. SHRI S. RAVINDRA S/O. LATE SUBBANNA AGE: 55 YEARS OCC: ARSHAKA OF SAHANESHWARA TEMPLE RESIDING AT SAHANESHWARA TEMPLE JODI ROAD, WARD NO.12 CHINTAMANI TOWN CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT-563 125. 2. SHRI G. VENKATESH S/O. LATE GOPALAKRISHNA SHARMA AGE: 49 YEARS OCC: ARSHAKA OF SAHANESHWARA TEMPLE RESIDING AT SAHANESHWARA TEMPLE JODI ROAD, WARD NO.12 CHINTAMANI TOWN CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT-563 125. 3. SHRI. G. NAGA SUBRAMANYAM S/O. LATE GANGADHARA AGE: 39 YEARS OCC: ARSHAKA OF SAHANESHWARA TEMPLE RESIDING AT SAHANESHWARA TEMPLE JODI ROAD, WARD NO.12 CHINTAMANI TOWN CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT-563 125. …PETITIONERS (BY SRI V. MUNIRAJ GOWDA, ADVOCATE) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20079 WP No. 16763 of 2025 AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT(MUJARAYI) VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER THE HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENT DEPARTMENT 4TH FLOOR, SHREE MINTO ANJANEYA BHAVAN ALUR VENKATA RAO ROAD CHAMARAJAPETE BENGALURU-560 018. 3. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT MINI VIDHANASOUDHA CHIKKABALLAPURA-562 101. 4. THE TAHSILDAR CHINTAMANI TALUK MINI VIDHANA SOUDHA CHINTAMANI CHIKKABALLAPURA DISTRICT-563 125. 5. THE CITY MUNICIPAL COUNCIL CHINTAMANI CITY CHIKKABALLAPURA DISTRICT-563 125 REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO - 3 - HC-KAR NC: 2025:KHC:20079 WP No. 16763 of 2025 QUASH THE IMPUGNED NOTICE DATED 29.05.2025, ISSUED BY THE RESPONDENT NO.4 IN NO.DVS/CR/11/2024-25 TO THE PETITIONER NO.1, COPY OF WHICH IS PRODUCED AS PER ANNEXURE-H AND ETC. THIS WRIT 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. Learned Additional Government Advocate accepts notice for respondents 1 to 4. Issuance of notice as regards respondent No.5, is dispensed with. 2. The petitioners have challenged the notice at Annexure - H dated 29.05.2025, which is a notice issued under provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974. 3. It is the case of petitioners that, they are the absolute owners of the property and the Authority lacks jurisdiction to entertain the proceedings as proceedings can be entertained only with the property are public - 4 - HC-KAR NC: 2025:KHC:20079 WP No. 16763 of 2025 premises. Various documents are sought to be relied on by the petitioners and copies of the electricity bill have been produced and copy of the Khata at Annexure - A has also been produced. 4. Learned Additional Government Advocate submits as it is a mere notice that is issued, it is open to the petitioners to appear before the Authority and raise all contentions. 5. Taking note that what is issued is only a notice, it will be appropriate to relegate the petitioners to make out their reply to the impugned notices. 6. No doubt the petitioners have contended that in light of the Khata standing in the name of the petitioners, the Authority lacks jurisdiction. However, as a decision as regards such assertion requires a factual determination. 7. It is kept open for the petitioners to make out their reply before the Authority on such ground. - 5 - HC-KAR NC: 2025:KHC:20079 WP No. 16763 of 2025 8. Needless to state when the Authority is to proceed further, at the outset the point of jurisdiction requires to be decided upon, after taking note of the stand of the petitioners. 9. Accordingly, petition is disposed off. All contentions are kept open. 10. Needless to state the respondents not to take any precipitative action for a period of two weeks from today. 11. Petitioners to place before the Authority copy of the order passed. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 2 Sl No.: 7