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2025 DAILYLAW 54485 (KAR)

SHRI K S KRISHNAMURTHY v. THE STATE OF KARNATAKA

WP/20577/2025 · 2025-07-22

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:27646 WP No. 20577 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 20577 OF 2025 (GM-R/C) BETWEEN: 1. SHRI K S KRISHNAMURTHY S/O.LATE.K.V.NANJUNDA SHETTY AGED ABOUT 59 YEARS, OCC: BUSINESS, R/AT. SHOP NO.6, DADA RAO CHATRA, CHINTAMANI TOWN, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT, PIN CODE-563125. …PETITIONER (BY SRI. V MUNIRAJ GOWDA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT(MUJARAYI), VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560001, REP. BY ITS PRL. SECRETARY. 2. THE COMMISSIONER THE HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENT DEPARTMENT, 4TH FLOOR, SHREE MINTO ANJANEYA BHAVAN, ALUR VENKATA RAO ROAD, CHAMARAJAPETE, BENGALURU-560018. 3. THE DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT, MINI VIDHANASOUDHA, Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27646 WP No. 20577 of 2025 CHIKKABALLAPURA, PIN CODE-562101. 4. THE THASILDAR, CHINTAMANI TALUK, MINI VIDHANASOUDHA, CHINTAMANI, CHIKKABALLAPURA DISTRICT, PIN CODE-563125. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED NOTICE DTD 29.05.2025 ISSUED BY THE R-4 IN NO. DVS/CR/11/2024-25 TO THE PETITIONER COPY OF WHICH IS PRODUCED AS PER ANNX-G. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has challenged the notice at Annexure-G dated 29.05.2025 issued by respondent No. 4. The said notice is issued under Rule 31(16) of the Karnataka Hindu Religious Institutions and Charitable Endowments Rules, 2002 read with the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974. 2. It is the case of the petitioner that he is the tenant of the property and the authority lacks jurisdiction - 3 - HC-KAR NC: 2025:KHC:27646 WP No. 20577 of 2025 to entertain the proceedings, as proceedings can be entertained only as regards properties which are public premises. 3. Learned Additional Government Advocate submits that what has been issued is a mere notice and it is open to the petitioner to appear before the authority and raise all contentions. 4. Taking note that the impugned notice is at a preliminary stage, it would be appropriate to relegate the petitioner to make out a reply to the impugned notice. All contentions raised by the petitioner that he is the tenant and has been paying rent regularly and no occasion had arisen to issue the impugned notice, is a matter kept open to be raised in an appropriate proceedings. Petitioner to make out reply before the authority urging all grounds as raised in the present petition. Such reply to be made within a period of 2 weeks from the date of receipt of certified copy of this order. - 4 - HC-KAR NC: 2025:KHC:27646 WP No. 20577 of 2025 5. Accordingly petition is disposed off. Needless to state the respondent not to take any precipitative action insofar as possession pf the petitioner is concerned till finalisation of the proceedings. Sd/- (S SUNIL DUTT YADAV) JUDGE VP