- 1 - NC: 2025:KHC:17558 WP No. 21362 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 21362 OF 2021 (LB-BMP) BETWEEN: SRI. N.M. KRISHNAMURTHY S/O LATE MUNISWAMY NAIDU AGED 60 YEARS R/AT NO.19, NAGINI MANSION 8TH CROSS, 13TH MAIN ROAD GOKUL 1ST STAGE, 1ST PHASE HMT LAYOUT, MATHIKERE BENGALURU-560 054. …PETITIONER (BY SRI. VARUN PAPIREDDY, ADVOCATE) AND: 1. THE BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE BENGALURU-560001. REP BY ITS COMMISSIONER 2. THE EXECUTIVE ENGINEER PROJECTS-WEST DIVISION O/O THE JOINT COMMISSIONER 2ND FLOOR, SAMPIGE ROAD SHESHADRIPURAM, BBMP BENGALURU-560020. …RESPONDENTS (BY SMT. SUMANGALA GURUDEV GACHCHINAMATH, ADVOCATE FOR R1 AND R2) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17558 WP No. 21362 of 2021 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 10.08.2021 BEARING NO. AEE/(PRO- W)/PR/51/2021-22, ISSUED BY THE R2 VIDE ANNEXURE-K AND ETC. THIS PETITION, COMING ON FOR FURTHER CONSIDERATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is challenging the notice dated 10.08.2021 issued by respondent No.2, by which he has been called upon to clear the arrears of lease amount failing which further action would be taken. 2. It is not in dispute that a swimming pool was leased in favour of the petitioner in the year 2010 for a period of ten years. Due to the onset of COVID-19 pandemic and for other reasons, the said lease was extended by a further period of four years. In other words, the lease which was granted to the petitioner has come to an end in the year 2024 itself. - 3 - NC: 2025:KHC:17558 WP No. 21362 of 2021 3. The learned counsel for appearing for the Bruhat Bengaluru Mahanagara Palike ('the BBMP') has filed a memo indicating that the petitioner is in arrears of a sum of Rs.35,17,769/- and he is squatting on the property without even clearing the arrears. 4. It is seen from the memo filed by the BBMP that as a matter of fact, the petitioner was due in a sum of Rs.2,03,64,718/- and he had paid only a sum of Rs.1,68,46,949/- by virtue of interim orders granted by this Court. 5. If a lessee is in arrears of rent to the tune of Rs.35,17,769/-, there is absolutely no justification for exercising any discretion in his favor. 6. The writ petition is therefore dismissed. 7. The BBMP is at liberty to take possession of the leased property in accordance with law forthwith. - 4 - NC: 2025:KHC:17558 WP No. 21362 of 2021 8. The BBMP would also be at liberty to initiate proceedings for recovery of the arrears of the lease amount due from the petitioner. 9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 111