- 1 - HC-KAR NC: 2025:KHC:41976-DB WP No. 30211 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 30211 OF 2025 (GM-RES) BETWEEN: B. S. VENKATESH S/O LATE. SIDDAVENKATARAMAIAH, AGED ABOUT 52 YEARS, R/AT BELAGUMBA VILLAGE, TUMKUR TQ AND DIST. PINCODE 572 104. AADHAR No. 775128843341 PAN No. ADVPV8141K CELL No. 8147471537 GMAIL. venkateshbelagumba@gmail.com …PETITIONER (BY SRI. RAGHAVENDRA A.S, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. BR AMBEDKAR VEEDHI, BENGALURU-560001 2. DEPUTY COMMISSIONER, TUMKUR DISTRICT TUMKUR-572102. 3. ASSISTANT COMMISSIONER, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41976-DB WP No. 30211 of 2025 TUMKUR SUB-DIVISION, TUMKUR-572102. 4. THASILDAR, TUMKUR TALUK, TUMKUR-572102. 5. DISTRICT OFFICERS, BHARATH SCOUTS AND GUIDES DISTRICT ASSOCIATION, KANTEERAVA SCOUTS BHAVANA, GANDHINAGARA, TUMKUR-572 102. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE BHARATIYA SCOUTS AND GUIDES ASSOCIATION TUMKUR, HAS VIOLATED THE LEASE CONDITIONS IMPOSED UNDER THE DEPUTY COMMISSIONERS ORDER No.LND(TMK) CR-284/09-10 DATED 16.11.2013 IN RESPECT OF THE 2.00 ACRES OF LAND IN Sy No-92, BELAGUMBA VILLAGE, KASABA HOBLI TUMKUR TALUK AND ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT No-2 TO CONSIDER THE REPRESENTATION DATED 25.08.2025 VIDE ANNEXURE-F OF THE PETITIONER AND TO ORDER DEMOLITION OF THE UNAUTHORIZED PERMANENT STRUCTURE CONSTRUCTED ON THE LEASED LAND BEARING IN VIOLATION OF THE LEASE CONDITIONS VIDE ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:41976-DB WP No. 30211 of 2025 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Learned Additional Government Advocate accepts notice on behalf of respondent Nos.1 to 4. 2. The petitioner has filed the present petition as a Public Interest Litigation alleging that Bharath Scouts and Guides District Association [respondent no. 5] is violating the terms of the lease in respect of 2 acres of land located in Survey No.92 of Belagumba Village, Kasaba Hobli, Tumkur Taluk. The petitioner claims that the said land was leased to respondent No.5 for carrying on its activities with a condition that no permanent structure could be raised. However, in violation of the said condition, respondent No.5 is constructing a convention hall. It is contented that apart from the construction being in violation of the terms of the lease, it is also impermissible as the said land cannot be used for commercial purpose. 3. In view of the aforesaid allegation, we direct respondent No.4 to examine the averments made in the present petition and if it is found that the terms of the lease have been violated or that the construction being raised by respondent no. 5 is impermissible, - 4 - HC-KAR NC: 2025:KHC:41976-DB WP No. 30211 of 2025 concerned authority shall take necessary steps, in accordance with law. 4. Petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 9