- 1 - HC-KAR NC: 2025:KHC:24813 WP No. 18676 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18676 OF 2025 (GM-R/C) BETWEEN: 1. SMT. A.S. VIJAYAKUMARI, W/O LATE A.L. SATHYANARAYANA, AGED ABOUT 65 YEARS 2. A.S. LAKSHMINAKUMAR, S/O LATE A.L. SATHYANARYANA, AGED ABOUT 43 YEARS BOTH ARE AT SHOP NO.2, DADARAO CHOULTARY, CHINTAMANI TOWN, CHIKKABALLAPURA - 563 125. …PETITIONERS (BY SRI. K.V. NARASIMHAN, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS SECRETARY TO REVENUE, DEPARTMENT (MUZRAI), M.S.BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER CHIKKABALLAPUR DISTRICT, CHIKKABALLPUR - 562 101. 3. THE ASSISTANT COMMISSIONER CHINTAMANI SUB-DIVISION, CHINTAMANI - 562 101. Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24813 WP No. 18676 of 2025 4. THE TAHSILDAR, CHINTAMANI TALUK, CHIKKABALLAPUR - 563 125. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, QUASHING IMPUGNED NOTICE DATED 29.05.2025 BEARING NO. DVS/CR/11/2024-25 AT ANNEXURE G, ISSUED BY RESPONDENT NO.4 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 Learned Additional Government Advocate accepts notice for respondents. 2. The petitioners have sought for setting aside the notice at Annexure-G. In terms of the notice at Annexure-G issued by Tahsildar, petitioners been called upon to show cause as to why orders are not to be passed to evict them in light of default in payment of rent and non-renewal of the agreement. It is noticed that the notice is issued by the Tahsildar. - 3 - HC-KAR NC: 2025:KHC:24813 WP No. 18676 of 2025 3. Learned counsel for the petitioners submits that respondents-Authorities cannot evict or recover possession from the petitioners except in accordance with power conferred under sub-Rule 16 of Rule 31 of the Karnataka Hindu Religious Institutions and Charitable Endowments Rules, 2002 (for short 'Rules, 2002'). 4. Perused sub-Rule 16 of Rule 31 of the Rules, 2002, which reads as follows: "(16) Any violation of terms and conditions of lease shall result in termination of lease. On termination of the lease if the lessee fails to handover to restore the property to the institution, the Assistant Commissioner shall initiate proceedings against such lessee under the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974." 5. It is clear that there has to be a termination and upon termination, if there is a failure on the petitioners to vacate, the Assistant Commissioner is required to initiate proceedings against the lessee under the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974. - 4 - HC-KAR NC: 2025:KHC:24813 WP No. 18676 of 2025 6. In light of the said legal position, petition is disposed of directing the respondents not to interfere with the petitioners' possession except in terms of sub-Rule 16 of Rule 31 of Rules, 2002. All contentions including contentions raised by the petitioners in the present petition are kept upon. Sd/- (S SUNIL DUTT YADAV) JUDGE VM List No.: 1 Sl No.: 11 CT: BHK