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2025 DAILYLAW 53695 (KAR)

SRI SUPRIT S/O KRISHANAYYA SHETTY v. KARNATAKA UNIVERSITY DHARWAD

WP/103611/2023 · 2025-09-25

S Sunil Dutt Yadav

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13414 WP No. 103611 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV WRIT PETITION NO. 103611 OF 2023 (GM-TEN) BETWEEN: SRI. SUPRIT S/O KRISHANAYYA SHETTY, AGE 36 YEARS, OCC. BUSINESS, R/O. RMS TOWER KALLYAN NAGAR, DHARWAD, TQ. & DIST. DHARWAD-580001. - PETITIONER (BY SRI. SHANTI BHUSHAN, ADVOCATE FOR SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: 1. KARNATAKA UNIVERSITY DHARWAD R/BY REGISTER OF KARNATAKA UNIVERSITY, DHARWAD-580001. 2. THE RESIDENT ENGINEER, BUILDING SECTION, KARNATAKA UNIVERSITY, DHARWAD-580001. - RESPONDENTS (BY SRI. K.L. PATIL, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI THEREBY QUASHING THE ORDER AT ANNEXURE-F DATED 31/05/2023 BEARING NO. PÀ««/PÀlÖqÀ/2023-24/78 PASSED BY THE RESPONDENT NO.2/ THE RESIDENT ENGINEER BUILDING SECTION KARNATAKA UNIVERSITY DHARWAD & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:13414 WP No. 103611 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present writ petition has been filed seeking to set aside the order at Annexure-F. The respondent authority had taken a decision to re-tender the occupancy rights to the canteen. 2. After hearing the matter for some time, learned counsel Sri K.L. Patil appearing for the University submits that the petitioner is not running the canteen and the premises has been kept locked and that further arrears of rent have not been paid even from the period prior to filing of the petition. 3. Learned counsel for the petitioner submits that they would hand over the vacant possession within a period of one month from today. 4. Taking note of the said submission the petition may be disposed of in terms of the following: - 3 - HC-KAR NC: 2025:KHC-D:13414 WP No. 103611 of 2023 (1) The petitioner to hand over the vacant possession of the premises within one month from today to the respondent University; (2) The respondent University is at liberty to take fresh steps for tender or confer occupancy rights of the premises in question as is permissible; (3) In the event fresh tender is quoted as regards occupancy rights, the petitioner is at liberty to participate; (4) Insofar as arrears of rent are said to be owed by the petitioner, such aspect is kept open to be resolved amicably by the parties, failing which the respondent is at liberty to take appropriate steps as regards recovery of arrears of rent, if any, as per law. The petition is accordingly disposed off. Sd/- (S.SUNIL DUTT YADAV) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 11