- 1 - HC-KAR NC: 2025:KHC:26478 WP No. 24849 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 24849 OF 2023 (KLR-RES) BETWEEN: THE GUNJUR CLUB A REGISTERED SOCIETY OFFICE AT SY NO. 71 AND 72, GUNJUR BALAGERI ROAD, GUNJUR, BENGALURU - 560 087. NATURE OF PETITIONER: KARNATAKA SOCIETIES REGISTRATION ACT, 1960 REPRESENTED BY ITS SECRETARY. SRI. G.A. MANOHAR. …PETITIONER (BY SRI. D.R. RAVISHANKAR, SR. COUNSEL A/W SRI. SEENAPPA K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS REVENUE SECRETARY, 5TH FLOOR, M.S. BUILDING, AMBEDKAR VEEDI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU K G ROAD, BENGALURU - 560 009. 3. THE TAHSILDAR Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26478 WP No. 24849 of 2023 BENGALURU NORTH TALUK, K R PURAM, BENGALURU - 560 036. …RESPONDENTS (BY SRI. V.G. BHANU PRAKASH, AAG A/W SRI. MANJUNATH K, HCGP) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE IMPUGNED EVICTION ORDER / NOTICE DATED 10/10/2023 IN NO. L.N.D. (ZONE) C.R. 527/2010-11 AND L.N.D./C/R/185/2009-10, ISSUED BY THE R3, VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the notice dated 10.10.2023 (Annexure-A) issued by respondent No.3 inter alia sought for direction to respondent No.3 to permit the petitioner to remit the rents as per the agreed terms of Lease Agreement dated 10.05.2013 (Annexure-J) and such other reliefs. - 3 - HC-KAR NC: 2025:KHC:26478 WP No. 24849 of 2023 2. Heard Sri.D.R.Ravishankar, learned Senior counsel appearing for the petitioner and Sri.V.G.Bhanuprakash, learned Additional Advocate General along with Sri.Manjunath K., learned High Court Government Pleader appearing for the respondents. 3. Sri.D.R.Ravishankar, learned Senior counsel appearing for the petitioner invited the attention of the court to the provisions contained in Rule 19 of the Karnataka Land Grant Rules, 1969 (hereinafter referred as the 'Rules 1969') and Rule 22-A of Rules 1969 and submitted that it is not in dispute that the subject land has been granted in favour of the petitioner - Recreational Club during 2013. However, inviting the attention of the court to the eviction notice at Annexure-A, it is submitted that the quantification of the enhancement of 10% of the guidance value of rent is incorrect in view of Rule 22-A of the Rules, 1969 referred to above. In this regard, it is submitted that the notice itself is non est as issued by respondent No.3 and the same is required to be quashed on the ground that the said notice is contrary to Rule 22-A of the Rules 1969. - 4 - HC-KAR NC: 2025:KHC:26478 WP No. 24849 of 2023 4. Per contra, Sri.V.G.Bhanuprakash, learned Additional Advocate General appearing for the respondent - authorities submitted that pursuant to the issuance of the impugned notice at Annexure-A, the petitioner has filed a reply dated 23.11.2023 along with a cheque for a sum of Rs.8,04,650/- dated 22.11.2023 and therefore, the petition be disposed of with a direction to the respondent - authorities to consider the reply dated 23.11.2023 made by the petitioner herein and further sought for a direction to the petitioner herein to issue one more cheque since the cheque dated 22.11.2023 issued by the petitioner herein has not been presented for encashment. Accordingly, sought for dismissal of the petition. 5. In the light of the submission made by learned Senior counsel appearing for the petitioner and learned Additional Advocate General appearing for the respondent - authorities, I have carefully examined the provision under the Rules providing lease of lands by respondent - authorities as per Rule 19 of the Rules 1969, and the quantification of the lease amount as per the market value or guidance value for land granted under Rule 19 to 22 provided under Rule 22-A of the Rules, 1969. - 5 - HC-KAR NC: 2025:KHC:26478 WP No. 24849 of 2023 6. In that view of the matter, though I find force in the submission made by learned Senior counsel for the petitioner with regard to imposition of 2.5% of non-agricultural guidance value payable every year by petitioner herein and the same has been noticed by respondent No.3 in the impugned notice at Annexure-A. However, the reply dated 23.11.2023 has been submitted by the petitioner herein. In addition to this, I am of the view that since the notice has been issued at Annexure-A by respondent No.3, petitioner is permitted to file fresh reply with regard to the payment of the rent of 2.5% as per the guidance value referred to in Rule 22-A of the Rules 1969, and if such a request is made by the petitioner herein within three weeks from the date of receipt of this order, same shall be considered by the respondent No.3 at the earliest. 7. In that view of the matter without expressing any opinion on the veracity of the petitioner herein seeking benefit of Rule 22-A of the Rules 1969, the respondent - authorities shall not take any precipitative action against the petitioner herein, till the consideration of the reply that may be filed by the petitioner as stated above. It is also to be noted that since, the cheque bearing No.000190 drawn on Bank of Baroda, dated - 6 - HC-KAR NC: 2025:KHC:26478 WP No. 24849 of 2023 22.11.2023 has not be realized by the respondent - authorities, petitioner is directed to issue one more cheque with regard to the same within one week from the date of receipt of this order. SD/- (E.S.INDIRESH) JUDGE SS List No.: 1 Sl No.: 58 CT: BHK