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2025 DAILYLAW 38899 (KAR)

SRI. SUDHAKAR v. THE STATE OF KARNATAKA

WP/22057/2023 · 2025-11-04

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44285 WP No. 22057 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.22057 OF 2023 (GM-RES) BETWEEN: 1. SRI. SUDHAKAR S/O LATE SRINIVAS AGED ABOUT 52 YEARS R/A NO.22, I FLOOR 3RD MAIN, 4TH CROSS NEAR ANJANEYA TEMPLE N S PALYA, BTM II STAGE BG ROAD BENGALURU - 560 076. 2. SRI. M. UMESH S/O PATEL MAYANNA AGED ABOUT 50 YEARS R/A NO.22, 3RD MAIN, 4TH CROSS, NEAR ANJANEYA TEMPLE N S PALYA, BTM II STAGE BG ROAD BENGALURU - 560076. 3. SRI. RANGANATHAN T. S/O THIRUPATHI AGED ABOUT 33 YEARS R/A NO.22, GROUND FLOOR 3RD MAIN, 4TH CROSS NEAR ANJANEYA TEMPLE N S PALYA, BTM II STAGE BG ROAD BENGALURU - 560 076. 4. SRI. ANNAPPA P. S/O PUTTAPPA G. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44285 WP No. 22057 of 2023 AGED ABOUT 48 YEARS R/A NO.33, 3RD FLOOR 3RD MAIN, 4TH CROSS NEAR ANJANEYA TEMPLE N S PALYA, BTM II STAGE BG ROAD BENGALURU - 560 076. 5. SRI. PEDDANNAGARI ELIYAZAR AGED ABOUT 32 YEARS R/A NO.22, 4TH FLOOR 4TH MAIN, 4TH CROSS NEAR ANJANEYA TEMPLE N S PALYA, BTM II STAGE BG ROAD BENGALURU - 560 076. 6. SRI. SURENDRANATH T.G. S/O GOPALAPPA T.K. AGED ABOUT 45 YEARS NO.22, 3RD FLOOR, 4TH CROSS 3RD MAIN ROAD N S PALYA B T M 2ND STAGE BANNERGHATTA ROAD BENGALURU - 560 076. …PETITIONERS (BY SRI. HANUMANTHARAYAPPA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY. 2. THE MANAGER JANATHA SEVA CO-OP BANK LTD - 3 - HC-KAR NC: 2025:KHC:44285 WP No. 22057 of 2023 AT NO.14, RAJATHA BHAVANA I MAIN ROAD HAMPINAGARA VIJAYANAGARA II STAGE BENGALURU-560104. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO ALLOW THE PETITIONERS TO COLLECT THEIR PERSONNEL BELONGINGS AND HOUSE HOLD ITEMS KEPT IN THEIR RESPECTIVE PORTIONS FORTHWITH AND DIRECT THE RESPONDENT NO.2 TO PAY RS. 500/-PER DAY TO THE PETITIONERS FROM 06/01/2023 TILL THE PETITIONERS ARE ALLOWED TO COLLECT THEIR BELONGING. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER The prayer in the writ petition reads as under: " (a). Issue writ or order in the nature of writ of mandamus directing the 2nd respondent to allow the petitioners to collect their personnel belongings and house hold items kept in their respective portions forthwith and direct the 2nd respondent to pay - 4 - HC-KAR NC: 2025:KHC:44285 WP No. 22057 of 2023 Rs.500/- per day to the petitioners from 06.01.2023 till the petitioners are allowed to collect their belongings and (b). and pass such any other order or orders in the interest of justice." 2. Heard the learned counsel appearing for the parties. 3. Perusal of the prayer made in the writ petition indicate that the petitioners are claiming relief against the lessee as per the rental agreement dated 03.07.2021. Since, the prayer made in the writ petition does not survive for consideration under Article 12 of Constitution of India, the writ petition is dismissed as not maintainable. SD/- (E.S.INDIRESH) JUDGE SB:List No.: 1 Sl No.: 16