- 1 - HC-KAR NC: 2025:KHC:28905 WP No. 35170 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 35170 OF 2024 (GM-PP) BETWEEN: 1. SRI MAHESH K A S/O ANAND, AGED ABOUT 38 YEARS, OCC PHOTO BUSINESS GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT - 577 139. 2. SRI. RAJU, S/O SEENA KULALA, AGED ABOUT 43 YEARS, OCC: FANCY STORES GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT. - 577 139. 3. SRI. KIRAN V, S/O VISHNU KULAL, AGED ABOUT 28 YEARS, OCC BANGLE STORES GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT - 577 139. 4. SRI. BHASKAR D.V, S/O VENKATAMARKALA, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28905 WP No. 35170 of 2024 AGED ABOUT 40 YEARS, OCC IDOL STORES GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT. - 577 139. 5. SRI. RAGHAVENDRA B. SHETTY, S/O BOJASHETTY, AGED ABOUT 37 YEARS, OCC IDOL STORES GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT. 577 139. 6. SRI. R.KUMAR,, S/O L. RAJAMANIKAYM, AGED, MAJOR OCC CANTEEN GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT. - 577 139. 7. SRI. SHEKHAR D.V., AGED ABOUT 50 YEARS, OCC FANCY STORES GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT. 577 139. 8. SRI. GOPALA, S/O RAMAIAH, AGED ABOUT 27 YEARS, OCC IDOL BUSINESS GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT. - 577 139. - 3 - HC-KAR NC: 2025:KHC:28905 WP No. 35170 of 2024 9. SRI. MANJUNATHA, S/O SUBRAMANYA, AGED ABOUT 33 YEARS, OCC FANCY STORES GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT. - 577 139. 10. SRI. ARUN KUMAR, S/O KRISHNAPPA N, AGED ABOUT 47 YEARS, OCC FANCY STORES GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT. - 577 139. 11. SMT.MAMATHA S, W/O SURESH AGED MAJOR, OCC SPICES STORE, GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT. - 577 139. 12. SRI. ULLAS S, S/O S SANJEEVRAO, AGED ABOUT 63 YEARS, OCC CANTEEN GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT. - 577 139. 13. SRI. JAYADEVA M, S/O MRUTHYUNJAYASWAMY, - 4 - HC-KAR NC: 2025:KHC:28905 WP No. 35170 of 2024 AGED ABOUT 34 YEARS, OCC: FANCY STORES GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT. 577 139. 14. SRI. KUMAR, S/O CHINNALAH, AGED ABOUT 40 YEARS, OCC: STONE IDOLS BUSINESS GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT - 577 139. 15. SRI. RAVINDRA, S/O SADANANDA SHETTY, AGED ABOUT 41 YEARS, OCC CANTEEN GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT. - 577 139. 16. SRI. GIRISH, S/O MANIKYA, AGED ABOUT 33 YEARS, OCC FANCY STORES GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT. - 577 139. 17. SRI.NAGENDRA B, S/O BHASKAR, AGED ABOUT 36 YEARS, OCC HOTEL GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT- 577 139. - 5 - HC-KAR NC: 2025:KHC:28905 WP No. 35170 of 2024 18. SRI.BOJU KULLAL, S/O SEENA KULLAL, AGED ABOUT 33 YEARS, OCC SUGAR CANE STALL GANDHI MAIDAN, BHARATHI STREET, SHRINGERI, CHICKMAGALUR DISTRICT- 577 139. 19. SRI. VASANTH, S/O MENAPPA, AGED ABOUT 33 YEARS, OCC FAST FOOD BUSINESS, GANDHI MAIDAN, BHARATHI STREET, SHRINGERI, CHICKMAGALUR DISTRICT- 577 139. 20. SRI. PRADEEP KUMAR, S/O H.S PADMANABHA, AGED ABOUT 33 YEARS, OCC FAST FOOD STALL GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT - 577 139. 21. SMT. SUMA, W/O KUMAR, AGED ABOUT 35 YEARS, GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGA LUR DISTRICT - 577 139. 22. SRI.HARISH V. SHETTY S/O VENKATARAMANA SHETTY AGED ABOUT 56 YEARS, GANDHI MAIDAN, BHARATHI STREET, - 6 - HC-KAR NC: 2025:KHC:28905 WP No. 35170 of 2024 SHRINGERI CHICKMAGALUR DISTRICT - 577 139. 23. SRI.VASUDEVA.D.V S/O VENKATA MARAKAL AGED ABOUT 60 YEARS, GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGA LUR DISTRICT. - 577 139. 24. SRI. VIJESH KAMAT S/O DEVADAS KAMAT AGED ABOUT 48 YEARS, GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT - 577 139. 25. SRI MOHAN S/O NARASIMHA, AGED ABOUT 39 YEARS, GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGA LUR DISTRICT - 577 139. 26. SRI KRISHNA RAO S/O SANJEEVA RAO, AGED ABOUT 35 YEARS, GANDHI MAIDAN, BHARATHI STREET, SHRINGERI CHICKMAGALUR DISTRICT. - 577 139. …PETITIONERS (BY SRI. YADUNANDAN N., ADVOCATE FOR SRI. SAGAR V SHASTRI.,ADVOCATE) - 7 - HC-KAR NC: 2025:KHC:28905 WP No. 35170 of 2024 AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, BENGALURU - 560 001. 2. DEPUTY COMMISSIONER, CHIKMAGALUR DISTRICT, CHIKMAGALUR - 577101. 3. TOWN PANCHAYATH, SHRINGERI CHIKMAGALUR DISTRICT. - 577 139 BY ITS CHIEF OFFICER. …RESPONDENTS (BY SRI.GIREESHA KODGI., ADVOCATE FOR C/R3; SRI. RAHUL CARIAPPA, AGA FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE INITIATION OF ACTION / PROCEEDINGS BY R-3 AND IMPUGNED ORDER DATED. 05.12.2024 PURSUANT TO THE PROCEEDINGS ARE ILLEGAL AND THEREBY QUASHING THE FOLLOWING IMPUGNED ORDERS DATED 05.12.2024 PASSED BY R-3 IN THE INTEREST OF JUSTICE AND EQUITY.a. NO. SAM.PA.PAM.SHRUM.P.P.E NO.15/2024-25 AS PER - 8 - HC-KAR NC: 2025:KHC:28905 WP No. 35170 of 2024 ANNX-AZ1; b. NO. SAM.PA.PAM.SHRUM.P.P.E NO.08/2024-25 AS PER ANNX-AZ2 AND ETC. 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 petitioners, who are the occupants of certain premises in the Gandhi Maidan, Sringeri, are aggrieved by the third respondent's similar Orders dated 05.12.2024 under Section 5 of the Karnataka Public Premises [Eviction of Unauthorized Occupants] Act, 1974 [for short, 'the Act']. This Court, because the petitioners relied upon the decree in RSA No.679/2012 as against the petitioners' dispossession without due process of law, has directed the Authorities not to dispossess the petitioners in terms of the impugned orders. 2. Sri Yadunandan N, the learned counsel for the petitioners, submits that this Court must - 9 - HC-KAR NC: 2025:KHC:28905 WP No. 35170 of 2024 interfere under Article 226 of the Constitution of India notwithstanding Section 10 of the Act. The question for consideration is should this Court interfere with the concluded Orders under Section 5 of the Act when the petitioners indisputably have an alternative remedy. 3. The petitioners assert facts such as the existence of a Resolution by the Council to permit them to continue in the premises and that the Town Panchayath, Sringeri have issued licenses to contend that the proceedings are vitiated. This Court must observe that these are in the realm of factual verification that must be by the Appellate Authority under Section 10 of the Act but that will not be a reason for this Court to interfere in exercise its extraordinary jurisdiction under Article 226 of the Constitution of India. 4. The petition must be disposed of with these observations. However, the petitioners have had - 10 - HC-KAR NC: 2025:KHC:28905 WP No. 35170 of 2024 the advantage of the interim orders against dispossession for more than one and half years, and this Court opines that with this Court not interfering on the ground of alternative remedy, the petitioners must be permitted a reasonable protection so that they avail their statutory remedy. 5. This Court must also observe that any request by the petitioners in the appeal that they may file under Section 10 of the Act for protection against dispossession must be considered by the Appellate Authority on merits independent of the arrangement that has prevailed in all these months and the further protection that is extended by this Court. The petitioners are ready to offer any rental arrears, but that is also an aspect that must be considered in the appeal proceedings. In the light of the afore, the following: - 11 - HC-KAR NC: 2025:KHC:28905 WP No. 35170 of 2024 ORDER [a] The writ petition stands disposed of with liberty to the petitioners to avail their remedy against the impugned Order under Section 10 of the Act leaving open all questions to be considered and subject to the observation as aforementioned. [b] The respondents are directed not to dispossess the petitioners for ten [10] weeks from today. Sd/- (B M SHYAM PRASAD) JUDGE AN/-