- 1 - HC-KAR NC: 2025:KHC:32108 WP No. 16039 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.16039 OF 2025 (LB-RES) BETWEEN: 1. DODDAPETE SREE BASAVESHWARA SEVA SANGHA®, ASSOCIATION BASAVESHWARA NAGAR, DODDAPETE, DAVANAGERE-577 001 REPRESENTED BY ITS SECRETARY, SRI JAYARAJ D S S/O LATE SHIVANAGAPPA, AGED ABOUT 64 YEARS RESIDING AT #286/13, 14TH 'A' CROSS, VYALIKAVAL, MALLESHWARAM BENGALURU NORTH KARNATAKA-560 003. …PETITIONER (BY SRI. RAJESH MAHALE, SENIOR COUNSEL FOR SRI SANDESH C.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32108 WP No. 16039 of 2025 REVENUE DEPARTMENT, DR. AMBEDKAR VEEDHI, M S BUILDING, BENGALURU-560 001. 2. THE COMMISSIONER DAVANAGERE-HARIHARA URBAN DEVELOPMENT AUTHORITY DAVANAGERE-577 601. 3. THE CHAIRMAN DAVANAGERE-HARIHARA URBAN DEVELOPMENT AUTHORITY DAVANAGERE-577 601. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R.1; SRI S. MAHESH, ADVOCATE FOR R.2; SRI T.P. VIVEKANANDA, ADVOCATE FOR R.3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE INTIMATION LETTER ISSUED BY THE RESPONDENT NO.2 DATED 12.05.2025 IN ITS PROCEEDINGS BEARING NO.DHNP:N4:LHP:02:NB:1143:2025-26/452 THEREBY CANCELLING THE LEASE AGREEMENT EXECUTED IN FAVOUR OF THE PETITIONER ASSOCIATION VIDE ANNEXURE-A, ETC THIS PETITION, COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32108 WP No. 16039 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Petitioner is a Society and it was allotted a Civic Amenity site in Davanagere which is the subject matter of the writ petition on a lease basis. The lease deed was executed on 31.12.1999. The said Civic Amenity site was allotted for construction of an office, hostel and other buildings for educational purposes. The lease deed also stipulated that the petitioner was required to construct the necessary buildings within a period of two years from the date of execution of the lease deed. However, no construction has taken place on the land concerned even till today. For that reason, by way of impugned order, the lease has been cancelled (vide Annexure-'A' to the writ petition). Aggrieved by the same, the present writ petition is filed. 2. Admittedly, the petitioner has violated the terms and conditions of the lease deed. It has failed to put up any - 4 - HC-KAR NC: 2025:KHC:32108 WP No. 16039 of 2025 construction on the property even till today. Under the said circumstances, it has to be held that respondent No.2 is within its authority to pass the impugned order canceling the lease agreement. 3. For the aforementioned reasons, the writ petition being devoid of merits, is hereby dismissed. However, dismissal of the writ petition will not come in the way of the petitioner to work out its remedies with respondent - Authority, if any, in accordance with law. 4. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 72