- 1 - HC-KAR NC: 2025:KHC:53271 WP No. 42180 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 42180 OF 2017 (GM-PP) BETWEEN: 1. SRI ANJANEYA SWAMY TEMPLE SEVA MANDALI THE SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNTAKA SOCIETIES REGISTRATION ACT HAVING ITS OFFICE AT SURVEY NO.5/2, DESRAJ URS ROAD, J.C.NAGARA (MUNIREDDI PALYA), BENGALURU – 560 006. REPRESENTED BY ITS GENRAL SECRETARY, SRI. K.S.MAHADEVA RAO, AGED ABOUT 77 YEARS, S/O LATE SRI. SATWAJI RAO. 2. SRI. SANJEEV KUMAR AGED ABOUT 48 YEARS S/O LATE SRI.JAYARAM, RESIDENT OF SY.NO.5/2, KAVAL BYRASANDRA VILLAGE, J.C.NAGARA (MUNIREDDI PALYA), BENGALURU – 560 006. …PETITIONERS (BY SRI. ABHINAV RAMANAND A, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53271 WP No. 42180 of 2017 AND: 1. THE UNION OF INDIA MINISTRY OF DEFENCE, PARLIAMENT SECRETARIAT, NEW DELHI – 110 001. REPRESENTED BY ITS SECRETARY. 2. PARACHUTE REGIMENT TRAINING CENTRE (PRTC) J.C.NAGARA, BENGALURU – 560 006. REPRESENTED BY ITS COMMANDER 3. THE BRIGADIER/ESTATE OFFICER THE STATION HEAD QUARTERS, CUBBON ROAD, BENGALURU – 560 001. …RESPONDENTS (BY SRI. A CHANDRA CHUD, CGSPC FOR R1 TO R3) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE 3RD RESPONDENT BEARING NO.7224/PPE/PRTC/SVY NO.56-2/KB/(2-K)/2017 DATED 18.08.2017 AT ANNEXURE-J TO THE WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:53271 WP No. 42180 of 2017 ORAL ORDER 1. Heard Sri.Abhinav Ramanand A., learned counsel appearing for the petitioner and Sri. A. Chandra Chud, learned CGSPC appearing for respondent Nos.1 to 3. 2. In this writ petition, the petitioners are assailing the Order dated 18.08.2017 (Annexure-J) passed by the respondent No.3. 3. Sri. Abhinav Ramanand A., learned counsel appearing for the petitioners, invited the attention of this court to the judgment and decree dated 14.06.1990 in OS.No.10707/1982 on the file of XIV Additional City Civil Judge at Mayo Hall, Bangalore City, Annexure-D, wherein, the petitioner No.1 herein has stated that the land in-question has been purchased by the petitioner committee in the year 1914. It is also submitted by the learned counsel representing the petitioners that, no notice has been issued before issuing the order at Annexure-J to the writ petition and accordingly sought for interference of this Court. - 4 - HC-KAR NC: 2025:KHC:53271 WP No. 42180 of 2017 4. Per contra, Sri. A. Chandra Chud, learned CGSPC appearing for the respondents sought to justify the impugned order at Annexure-J to the writ petition. 5. Having taken note of the submissions made by the learned counsels appearing for the respective parties and also on careful examination of Annexure-E, wherein, in the Possession Certificate, it is stated that the land is being purchased by the committee in the year 1914 to an extent of 5 acres 14 guntas, and same was handed over to the Mandir Committee. I have also noticed the finding recorded by the Trial Court in O.S.No.10707/1982 (Annexure-D). In that view of the matter, without expressing any opinion on the merits of the case, the respondent No.3 is directed to issue Show Cause Notice to the petitioner and thereafter, to take a decision in the matter in accordance with law. It is also made clear that, while issuing a notice to the petitioner herein, the respondent shall consider the order passed by the Trial Court in the above case, as well as the Annexure-E to the writ petition, 6. Accordingly, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC:53271 WP No. 42180 of 2017 ORDER i. The writ petition is allowed. ii. The order dated 18.08.2017 issued under Section 3A of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, (Annexure-J) is hereby, set aside. iii. Liberty is reserved to the respondent No. 3 to take decision in accordance with law. Sd/- (E.S.INDIRESH) JUDGE NM List No.: 1 Sl No.: 25