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2025 DAILYLAW 82771 (KAR)

M/S HMT LIMITED v. THE STATE OF KARNATAKA

WP/31273/2025 · 2025-10-16

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41226 WP No. 31273 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31273 OF 2025 (GM-RES) BETWEEN: M/S HMT LIMITED A GOVERNMENT OF INDIA UNDERTAKING HAVING ITS REGISTERED OFFICE AT HMT BHAVAN, NO. 59, BELLARY ROAD, BENGALURU 560032. REPRESENTED BY ITS AUTHORIZED SIGNATORY, SRI ROHITH RAVINDRANATH, ASSISTANT GENERAL MANAGER. (COMMERCIAL ) HMT INTERNATIONAL LIMITED AND GENERAL SECRETARY, HMT SPORTS CLUB. …PETITIONER (BY SRI. ABHISHEK PATIL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU 560001. 2. 3. COMMISSIONER OF POLICE BENGALURU CITY, NO. 2 ALI ASKER ROAD, VASANTH NAGAR, BENGALURU. KARNATAKA 560001. GREATER BENGALURU AUTHORITY NORTH ZONE N R SQUARE BENGALURU KARNATAKA-560002. …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41226 WP No. 31273 of 2025 (BY SMT. K.P. YASHODHA., AGA FOR R1 & R2; SMT. SINCHNA., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTING THE RESPONDENTS TO DELETE THE PETITIONER LAND LISTED AT SL NO 49 ANNEXED TO PUBLICATION DATED 06/10/2025 AND RESTRAIN THE RESPONDENTS, THEIR OFFICERS, AGENTS, OR ANY PERSON ACTING ON THEIR BEHALF FROM IN ANY MANNER ENTERING UPON, INTERFERING WITH, OR GRANTING PERMISSION TO USE THE PETITIONERS LAND FOR ANY COMMERCIAL OR PUBLIC PURPOSE, INCLUDING THE ESTABLISHMENT OF TEMPORARY STALLS OR STRUCTURES 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. The Petitioners are before this Court seeking for the following reliefs; i. Issue a writ of mandamus or any other appropriate writ, order or directing the respondents to delete the petitioner land listed at SL.No.49 annexed to Publication dated 06.10.2025 and restrain the Respondents, their officers, agents or any person acting on their behalf from in any manner entering upon, interfering with, or granting permission to use the petitioner’s land for any commercial or public purpose, including the establishment of temporary stalls or structures. ii. Pass such other and further orders as this Hon’ble Court may deem fit and proper in the interests of justice and equity. - 3 - HC-KAR NC: 2025:KHC:41226 WP No. 31273 of 2025 2. Learned counsel for Respondent No.3 submits that the sports facility/playground of the Petitioner is not in the list of the identified playgrounds where firecracker stalls are permitted to be installed. Her submission is taken on record. 3. Learned counsel for Respondent No.3, however, submits that in the year of 2012 one other playground coming within the property of the Petitioner had been used for the purpose of setting up of firecracker stalls. If that be so, the said land could continue to be used for the very same purpose now also. 4. The manner in which the above litigation has proceeded with requires this Court to issue certain general directions inasmuch as the playground of the Petitioner had been identified by Respondent No.3 without any notice having been issued to the Petitioner and it is only when the stall owners sought - 4 - HC-KAR NC: 2025:KHC:41226 WP No. 31273 of 2025 to put up their stalls in the playground of the Petitioner that the Petitioner was forced to approach this Court. 5. In that view of the matter, the Chief Commissioner, henceforth is directed to take up the matter of identification of the lands in a proactive manner at an earlier stage whenever any lands or playgrounds are identified, to issue notices to the persons who are maintaining or running the sports facilities or the playgrounds, to provide them an opportunity of hearing and then identify the said playgrounds before forwarding it to the Government for issuance of necessary notification. Since the playground of the Petitioner has been deleted from the list identified by Respondent No.3, the grievance of the petitioner stands redressed and the petition stands closed. Since another playground of the Petitioner had bee used earlier, the same can be used even this year. Hence, I pass the following: - 5 - HC-KAR NC: 2025:KHC:41226 WP No. 31273 of 2025 ORDER i) Writ petition is partly-allowed. ii) Respondent No.2 is directed to issue a Corrigendum deleting the subject land from the notification issued and including the adjoining playground, which had earlier been used for setting up firecracker stalls. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 2