VARALAKSHMI TRADERS v. THE COMPETENT AUTHORITY CUM SECRETARY
WP/33663/2025 · 2025-11-07
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 67096 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 67096 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:45284 WP No. 33663 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33663 OF 2025 (GM-PP) BETWEEN:
1.
VARALAKSHMI TRADERS NO.125, B-BLOCK, A.P.M.C. SUB MARKET, DASANAPURA, BENGALURU - 562 162.
REPRESENTED BY ITS PROPRIETOR, SRI. SHIVALINGAIAH.K, S/O. KEMPAIAH, AGED ABOUT 59 YEARS.
PROPRIETOR IS CONCERNED
2.
ATHITHI TRADING COMPANY, NO.119, B-BLOCK, A.P.M.C. SUB MARKET, DASANAPURA, BENGALURU - 562 162.
REPRESENTED BY ITS PROPRIETOR SMT. K.V.BHARATHAMMA, W/O. SRIRAMA REDDY, AGED ABOUT 56 YEARS, PROPRIETOR IS CONCERNED
3.
R.R.R. TRADERS, NO.140, B-BLOCK, A.P.M.C. SUB MARKET, DASANAPURA, BENGALURU - 562 162.
REPRESENTED BY ITS PROPRIETOR, SMT. POOJA RAJESH, W/O. R. RAJESH GOWDA, AGED ABOUT 25 YEARS.
PROPRIETOR IS CONCERNED
…PETITIONERS (BY SRI. B R SATENAHALLI.,ADVOCATE)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:45284 WP No. 33663 of 2025
AND:
1.
THE COMPETENT AUTHORITY CUM SECRETARY CONSTITUTED UNDER THE PUBLIC PREMISES ACT, 1974, APMC MARKET YARD, M.G. COMPLEX, YESHWANTHAPURA, BENGALURU - 560 022.
2.
SUB-INSPECTOR OF POLICE, MADANAYAKANAHALLI POLICE STATION, DASANAPURA, BENGALURU - 562 162.
…RESPONDENTS (BY SRI. NANDA KISHORE., ADVOCAT FOR C/R1;
SRI. SIDARTH BABURAO., AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS NOT PRECIPITATE THE EVICTION PROCEEDINGS TILL THE MATTERS ARE DECIDED IN MISC APPEAL NOS. 136. 137 AND 138 PENDING BEFORE THE HON'BLE DISTRICT COURT, BANGALORE RURAL DISTRICT, VIDE ANNEXURES- B, B1 AND B2 AND WRIT APPEAL NO.1424/2025 PENDING BEFORE THE DIVISION BENCH OF THIS HONBLE COURT AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Sri.Nanda Kishore, learned counsel accepts notice for respondent No.1. Learned AGA accepts notice for respondent No.2.
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HC-KAR NC: 2025:KHC:45284 WP No. 33663 of 2025
2. The petitioners are before this Court seeking for the following reliefs; a. Issue a writ of mandamus, directing the respondents not to precipitate the eviction proceedings till the matters are decided in Misc. Appeal No.136, 137 and 138 pending before the Hon’ble Court, Bangalore Rural District, vide Annexure-B, B1 and B2 and Writ Appeal No.1424/2025 pending before the Division Bench of this Hon’ble Court; and
b. Issue any other order/s as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.
3. The only reason why the petitioner has approached this court is that the appeal filed before respondent No.1- authority has not been considered and the matter is adjourned to 27.11.2025.
4. Sri.Nanda Kishore submits that the reason why the matter is adjourned to 27.11.2025 is that the service of the appeal memo has not been made on the respondents and if the appeal memo is served on the respondent by today or tomorrow, the appeal would be taken up on Monday that is, 10.11.2025.
5. In view the said submission, directing the petitioner to serve copies of appeal memo on Sri.Nanda Kishore, who is the caveator in those proceedings and directing the
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HC-KAR NC: 2025:KHC:45284 WP No. 33663 of 2025
Court seized of the appeal to take up the matter on 10.11.2025, the petition stands disposed.
SD/- (SURAJ GOVINDARAJ) JUDGE
LN List No.: 3 Sl No.: 2