- 1 - HC-KAR NC: 2025:KHC:35032 WP No. 26402 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26402 OF 2025 (GM-PP) BETWEEN: SRI SHANKAR M S/O SRI MARAIAH AGED ABOUT 75 YEARS, THE TENANT UNDER SRI KOTE ANJANEYA SWAMY TEMPLE, CTS NO. 1, K.R.ROAD, BENGALURU - 560001. …PETITIONER (BY SRI. H S PRASHANTH.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF MUZARAI, REPRESENTED BY ITS SECRETARY VIKASA SOUDHA BENGALURU - 560001. 2. THE COMMISSIONER FOR HINDU REGILIOUS AND CHARITABLE ENDOWMENTS, AND THE COMPETENT AUTHORITY UNDER PPA Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35032 WP No. 26402 of 2025 CHAMARJPET BENGALURU - 560004. 3. SRI KOTE ANJANEYASWAMY TEMPLE K.R.ROAD, BENGALURU REPRESENTED BY THE ASSISTANT COMMISSIONER MUZARAI WORKS, CORPORATION AREA, 3RD FLOOR, PODIUM BLOCK, VISHWESHWARAIAH TOWERS BENGALURU - 560001. 4. THE EXECUTIVE OFFICER SRI KOTE ANJANEYASWAMY TEMPLE, K.R.ROAD, BENGALURU - 560001 …RESPONDENTS (BY SMT. NAVYA SHEKHAR., AGA) THIS WP IS FILED UNDER ARTICLES226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOA) CALL FOR THE RECORDS AND SET ASIDE THE ORDER DATED 28/08/2025, PASSED BY THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-25), IN M. A. NO. 13/2024, VIDE ANNEXURE -A; B) ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 11/07/2024, PASSED IN CASE NO. ADM- 07/PPA/CR-33/2020-21, PASSED BY THE 2ND RESPONDENT HEREIN. VIDE ANNEXURE-B. - 3 - HC-KAR NC: 2025:KHC:35032 WP No. 26402 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The short question for consideration is whether the third and fourth respondents could have sealed the subject premises immediately with the orders of the III Additional City Civil and Sessions Judge, Bengaluru in MA No.13/2024. The proceedings in MA No.13/2024 is under the Karnataka Public Premises [Eviction of Unauthorised Occupants] Act, 1974. The petitioner has called in question the order dated 28.08.2025 in MA No.13/2024 [as also the original order] but this challenge will not be germane as this order in MA No.13/2024 is yet to be released by the Court. The petitioner's cause for the present petition is because the third and fourth respondents even before the order is released by the Court i.e. on 30.08.2025 - 4 - HC-KAR NC: 2025:KHC:35032 WP No. 26402 of 2025 have proceeded to seal the subject premises. This Court, on 30.08.2025 recording whether the third and fifth could present a fait accompli in denial of a right to challenge the orders in sealing up the premises, has extended an opportunity to these respondents to place on record their explanation, if any. The respondents have filed their affidavits. These respondents have stated that they were bonafide in acting but there is a lapse in judgment. This Court is satisfied that this and the decision to unseal the premises removes the arbitrariness and dissolves the cause for the present petition. Therefore, the petition stands disposed of observing that it would be open to the petitioner to occupy the premises but subject to any orders that could in the proceedings against the order dated 28.08.2025 in MA No.13/2024 provided that the petitioner avails such remedy within a reasonable period of time as this disposal cannot preclude any - 5 - HC-KAR NC: 2025:KHC:35032 WP No. 26402 of 2025 remedy that would otherwise be available to the petitioner as against such order. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr