- 1 - HC-KAR NC: 2025:KHC:48212 WP No. 33690 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33690 OF 2025 (GM-R/C) BETWEEN: 1. SMT. SUMITHRA G S/O A THOPARAJU, AGED ABOUT 46 YEARS, UNAUTHORIZED OCCUPANT IN CTC NO.6774 MEASURING 54 SQ.FT, SRI LAKSHMINARASIMHA SWAMY TEMPLE, BELEPETE, BENGALURU - 560 053, AND ALSO R/O NO.5, 2ND FLOOR, 5TH CROSS, SRINIVASAMANDIRA ROAD, BALEPETE, BENGALURU - 560 053. …PETITIONER (BY SRI. SIDDESWARA N K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE (HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS), M.S. BUILDING, DR. BR AMBEDKAR VEEDHI, BENGALURU 560 001. 2. THE COMMISSIONER, KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT, 4TH FLOOR, MINTO SRI ANJANEYA BHAVANA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48212 WP No. 33690 of 2025 ALUR VENKATA RAO ROAD, CHAMARAJAPET, BENGALURU-560 018. 3. THE ASSISTANT COMMISSIONER, MUZARAI WORKS, CITY LIMITS DIVISION, PODIUM BLOCK, VISHVESHWARAIAH TOWER, BENGALURU-560 001. 4. THE EXECUTIVE OFFICER, SRI LAKSHMINARASIMHA SWAMY TEMPLE, BELEPETE (SRI VENUGOPALASWAMY TEMPLE AND GROUP OF TEMPLES), MALLESWARAM, 11TH CROSS, NEAR SAMPIGE ROAD, BENGALURU-560 003. …RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA., FOR R1 TO R3; SRI.HARISCHANDRA MOVVAR, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLE S 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO 1. QUASH THE IMPUGNED ORDER DATED 04/03/2022 PASSED BY THE 2ND RESPONDENT IN NO. ADM 7/PPA/CR 39/2020-21 AS PER ANNEXURE-F BY ISSUING A WRIT OF CERTIORARI., AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:48212 WP No. 33690 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; "1 Quash the impugned Order dated 04/03/2022 passed by the 2nd respondent in No: ADM 7/PPA/CR 39/2020-21 as per Annexure-F by Issuing a Writ of certiorari. 2 Quash the impugned Order dated 12/02/2025 passed by he learned XXVI Addl. City Civil & Sessions Judge at Mayo Hall, Bengaluru (CCH.20) In Misc. Appeal No.25001/2022 as per Annexure-G by issuing a Writ of certiorari. 3 Quash the impugned Notice dated 15/09/2025 issued by the 4th respondent to the petitioner in No: Kaa.Ni.A/CR-42 (A)/14-15 as per Annexure- 3 by Issuing a Writ of Certiorari. 4 Directing the respondents 1, 2 & 4 to consider Representations made by the petitioner on 27/10/2025 pending before them as per Annexures-K1, K2 & K3 by issuing a writ of Mandamus. 5 Issue such other appropriate Writ/direction/s/grant such other relief/s as this Hon'ble Court deems fit under the circumstances of the case, in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:48212 WP No. 33690 of 2025 2. The affidavit of the petitioner has been filed which reads as under; "AFFIDAVIT OF THE PETITIONER BY WAY OF UNDERTAKING I, Sumithra G W/o A Thoparaju, Aged About 46 years, R/o No.5, 2nd Floor, 5th Cross, Srinivasa Mandir Road, Balepete, Bengaluru -560 053 do hereby solemnly affirm and state on oath as follows: 1. I submit that I am the petitioner in the above writ petition and fully conversant with the facts of the case. Hence I am swearing to this affidavit. 2. I submit that I have preferred the above writ petition for Quashing of the impugned order dated 04/03/2022 passed by the 2nd respondent in No.ADM 7/PPA/CR 39/2020-21 as per Annexure-F and also Quashing of the impugned order dated 12/02/2025 passed by the learned XXVI Addi. City Civil & Sessions Judge at Mayo Hall, Bengaluru (CCH-20) in Misc. Appeal No.25001/2022 as per Annexure-G and Quashing of impugned Notice dated 15/09/2025 issued by the 4th respondent to the petitioner in No: Kaa.Ni.A/CR-42 (A)/14-15 as per Annexure-J by issuing a writ of certiorari and Directing the respondents 1, 2 & 4 to consider Representations made by the petitioner on 27/10/2025 pending before them as per Annexures-K1, K2 & K3 by issuing a writ of Mandamus. The averments made in the memorandum of writ petition may kindly be read as part and parcel of this Affidavit. - 5 - HC-KAR NC: 2025:KHC:48212 WP No. 33690 of 2025 3. I submit that in-pursuance of the order dated 10/11/2025 and 20.11.2025 passed by this Hon'ble Court I am filing this affidavit by way of under taking as hereunder: a) I submit that the cost imposed by the learned XXVI Addl. City Civil & Sessions Judge at Mayo Hall, Bengaluru (CCH-20) in Misc. Appeal No.25001/2022 in a sum of Rs.1,00,000/- and on 10.11.2025, this Hon'ble directed excluding this cost and the 4th respondent has taken possession on 13/02/2025 and I am directed to calculate the amount in due as on 13/02/2025 (34 months & 12 days) = Rs.3,44,000/- + previous arrears of Rent Rs.1,57,751/- + cost in a sum of Rs.20,000/- and in all I am due in a sum of Rs.5,21,751/- (Rupees Five lakhs Twenty one thousand seven hundred fifty one only). b) I submit that I am herewith paying a sum of Rs.2,50,000/- (Rupees Two lakhs only) by way of cheque bearing No.257754 dated 21/11/2025 drawn in the name of 4th respondent today. I am ready to pay the remaining sum of Rs.2,71,751/- in two instalments within a period of 6 months from 01/12/2025 (once in three months). c) I submit that this Hon'ble Court may kindly be direct the 4th respondent to hand over Schedule Premises to me on 01/12/2025 and I will vacate the said premises on or before 31/05/2026 I shall pay monthly rents of a sum of Rs.10,000/- without there being default to the 4th respondent from 01/12/2025 to 31/05/2026. d) I submit that after 6 months, if the 4th respondent initiated proceedings for allotment of the schedule premises, I shall be permitted to participate along with others. I am hareby - 6 - HC-KAR NC: 2025:KHC:48212 WP No. 33690 of 2025 undertakes to vacate the schedule premises on or before 31/05/2026. WHEREFORE, I pray that this Hon'ble Court be pleased to record the undertaking given by me in the above terms and conditions in the above writ petition in the interest of justice." 3. In terms of the said affidavit, the cheque bearing No.257754 dated 21.11.2025 for a sum of Rs.2,50,000/- drawn in the name of respondent No.4 has been handed over to respondent No.4 and respondent No.4 acknowledges receipt of the same. 4. Submission of the learned counsel for the petitioner on instructions from the petitioner who is present before the Court today is that the remaining sum of Rs.2,71,751/- would be paid in instalments within a period of six months from 01.12.2025. The next installment of Rs.1,50,000/- being due on 01.03.2026 would be paid by 01.02.2026 and thereafter, a sum of Rs.40,000/- per month would be paid monthly from March to May, 2026 as regards - 7 - HC-KAR NC: 2025:KHC:48212 WP No. 33690 of 2025 the pending amounts and further a sum of Rs.10,000/- per month would be paid as per the agreed rentals per month. 5. The said submission is placed on record. 6. In that view of the matter, I pass the following; ORDER (i) The writ petition is allowed. (ii) The order dated 04.03.2022 passed by respondent No.2 bearing No.ADM 7/PPA/CR 39/2020-21 at Annexure-F and the order dated 12.02.2025 passed by the XXVI Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru (CCH-20) in Misc.Appeal No.25001/2022 at Annexure-G and the impugned notice dated 15.09.2025 issued by respondent No.4 bearing No. Kaa.No.A/CR-42 (A)/14-15 at Annexure-J are kept under suspension until 31.05.2026. (iii) It is however made clear that, if there is any default in payment, the said orders and notice would stand automatically revived. - 8 - HC-KAR NC: 2025:KHC:48212 WP No. 33690 of 2025 (iv) So long as the aforesaid amounts are paid, the respondents shall not interfere in the possession and business of the petitioner as regards the aforesaid premises. (v) Submission of learned counsel for respondent No.4 that the possession would be handed over immediately on the aforesaid cheque being encashed is placed on record. SD/- (SURAJ GOVINDARAJ) JUDGE GH List No.: 1 Sl No.: 111