- 1 - HC-KAR NC: 2025:KHC:52428 WP No. 36464 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 36464 OF 2025 (LA-RES) BETWEEN: H N PRAKASH S/O LATE NARAYANAPPA, AGED ABOUT 58 YEARS, PROPRIETOR, J.P.NAGAR, BELUR TOWN, HASSAN DISTRICT 573 115. PRAKASH BAR AND RESTAURANT …PETITIONER (BY SRI. Y.R. SADASIVA REDDY, SENIOR COUNSEL FOR SRI. RAHUL S. REDDY.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, STATE EXCISE DEPARTMENT, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU 560 001. 2. THE EXCISE INSPECTOR, BELUR DIVISION, BELUR, HASSAN DISTRICT- 573 115. 3. THE SPECIAL LAND ACQUISITION OFFICER RAILWAY PROJECT, DEPUTY COMMISSIONER'S Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52428 WP No. 36464 of 2025 OFFICE BUILDING, HASSAN DISTRICT - 573 201. 4. THE TASILDHAR BELUR, HASSAN DISTRICT 573 115. …RESPONDENTS (BY SRI. HARISHA A.S, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE REMINDER DATED 20/11/2025 THE BY 2ND RESPONDENT ISSUED EXE/A.NI/BE.VA./CL-09/01/2025- 26 VIDE ANNEXURE H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Senior counsel for the petitioner submits that an affidavit dated 10.12.2025 has been filed before this Court. 2. The relevant portion of the affidavit namely paragraph No.6 reads as under: " I state that I have been running this business from the past several years, and have seven employees. I will require some time to look suitable - 3 - HC-KAR NC: 2025:KHC:52428 WP No. 36464 of 2025 alternate building and shift my business. Hence, the present affidavit. I hereby undertake to shift my business from the existing place within a period of six(6) months from today." 4. 3. In the affidavit, the petitioner has undertaken to shift his business from the existing premises within a period of six(6) months from today. 4. The said period is not agreeable to the State Government. It is contended that the work has already commenced and that non-vacation of the premises by the petitioner would stall the ongoing work. According to the State, granting six(6) months time would be excessive. 5. At this stage, Sri. Y.R.Sadashiva Reddy, learned Senior counsel appearing for the petitioner, on instructions from the petitioner, submits he is willing to file an undertaking affidavit within a week, undertaking to vacate the premises within a period of four(4) months from today, without driving the respondents initiate any coercive action. - 4 - HC-KAR NC: 2025:KHC:52428 WP No. 36464 of 2025 6. The said submission is recorded. 7. In view of the above, this Court pass the following: ORDER i) The writ petition stands disposed of subject to the petitioner giving undertaking within a week from the date of receipt of a certified copy of this order undertaking to vacate the premises on or before 11.04.2026 and also will not change the nature of the schedule property or create any third party rights. ii) It is needless to state that the petitioner is at liberty to take recourse to such remedies as available in law in respect of the prayer No.(c) in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 2