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2025 DAILYLAW 57478 (KAR)

SMT. SAROJAMMA v. STATE OF KARNATAKA

WA/1533/2025 · 2025-09-16

C M Joshi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36908-DB WA No. 1533 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1533 OF 2025 (KLR-RES) BETWEEN: SMT. SAROJAMMA, WIFE OF B. RAMALINGAIAH, AGED ABOUT 73 YEARS, R/AT NO. 565, 'SRI RAMA NILAYA', 1ST MAIN ROAD, KENGERI UPANAGAR, BENGALURU-560 060. …APPELLANT (BY SRI S SREEVATSA, SENIOR ADVOCATE A/W SRI SRINIVASA, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS PRL., SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT, VIDHANA SOUDHA, DR. B R AMBEDKHAR VEEDHI, BENGALURU 560001. 2. TAHSILDHAR, B M ROAD, RAMANAGARA TALUK, RAMANAGARA 562 159. 3. PANCHAYAT DEVELOPMENT OFFICER, MANCHANAYAKANAHALLI GRAMA PANCHAYAT, HANUMANTHANAGAR BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT-562 109. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36908-DB WA No. 1533 of 2025 4. BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY, REP. BY ITS DIRECTOR, NO. 5, 2ND FLOOR, LOOPLANE, RACE COURSE ROAD, BENGALURU-560 009. …RESPONDENTS (BY SMT. NAMITHA MAHESH, AGA FOR R-1 & 2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO 1) SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 18/08/2025 IN WP NO.25180/20252; 2) CONSEQUENTLY QUASH THE ORDER BEARING NO.NCR/CR/41/2019-20 DATED 18/07/2025 PASSED BY THE 2ND RESPONDENT (ANNEXURE-T TO THE WRIT PETITION) AND 3) GRANT SUCH OTHER OR FURTHER RELIEF OR RELIEFS. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal, impugning an order dated 18.08.2025 [impugned order] passed by the learned Single Judge in Writ Petition No.25180/2025 [KLR-RES]. - 3 - HC-KAR NC: 2025:KHC:36908-DB WA No. 1533 of 2025 2. The appellant had filed the said writ petition impugning an order dated 18.07.2025 passed by the Tahsildar, Ramanagar Taluk, under the provisions of the Karnataka Public Premises Eviction of Unauthorised Occupants Act, 1974 [the Act]. 3. It is appellant's case that the Tahsildar has no jurisdiction to pass said order. The learned Single Judge had declined to entertain the said writ petition on the ground that the appellant had a remedy of an appeal under Section 10 of the said Act. 4. Concededly, the appellant has a remedy of an appeal. It is well settled that the Courts would refrain from exercising jurisdiction under Article 226 of the Constitution of India, where the statutory remedy is available to the petitioner. 5. In the aforesaid view, we find no infirmity in the impugned order. We have noted that the learned Single Judge has directed the respondents authorities not to precipitate the matter for a period of four weeks enabling the appellant to approach the District Judge. We extend the same for a further period of four weeks from the date. 6. The appeal is disposed of in the aforesaid terms. - 4 - HC-KAR NC: 2025:KHC:36908-DB WA No. 1533 of 2025 7. Pending application is also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 34