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2026 DAILYLAW 14231 (KAR)

MR C N KUMAR v. GREATER BENGALURU AUTHORITY

WP/5351/2026 · 2026-02-19

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10250 WP No. 5351 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 5351 OF 2026 (GM-PP) BETWEEN: MR C N KUMAR SON OF LATE MR. C. S. NARAYAN, AGED 71 YEARS RESIDING AT 18, 4TH CROSS, 1ST BLOCK, JAYANAGAR, BENGALURU 560 011 (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. ARJUN RAO.,ADVOCATE) AND: 1. GREATER BENGALURU AUTHORITY HUDSON CIRCLE, N. R. SQUARE, BENGALURU 560 002 REPRESENTED BY ITS CHIEF COMMISSIONER 2. JOINT COMMISSIONER BENGALURU CITY CENTRAL CORPORATION, (EARLIER, JOINT COMMISSIONER, SOUTH ZONE, BBMP) 9TH FLOOR, PUBLIC UTILITY BUILDING, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC:10250 WP No. 5351 of 2026 MG ROAD, BENGALURU 560 001 3. MAHABODHI SOCIETY NO. 14, KAVI KALIDASA ROAD, GANDHI NAGAR, BENGALURU 560 009 REPRESENTED BY ITS PRESIDENT 4. BRAINS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 HAVING ITS OFFICE AT NO. 192, T. MARIYAPPA ROAD, 1ST BLOCK, JAYANAGAR, BENGALURU 560 011 REPRESENTED BY ITS AUTHORIZED SIGNATORY 5. DR. R. C. SUBHASH SON OF SRI. CHANDRASHEKARAIAH AGED ABOUT 53 YEARS RESIDING AT NO. 2737, 7TH A MAIN, BANASHANKARI 2ND STAGE, BENGALURU 560 070 6. DR. LEENA SUBHASH WIFE OF DR. R.C. SUBHASH AGED MAJOR RESIDING AT NO. 2737, 7TH A MAIN, BANASHANKARI 2ND STAGE, BENGALURU 560 070 …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 & R2) - 3 - HC-KAR NC: 2026:KHC:10250 WP No. 5351 of 2026 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS. 1 AND 2 TO COMPLETE PROCEEDINGS AND TAKE ACTION AGAINST THE RESPONDENT NOS. 3 TO 6 UNDER SECTIONS 4, 5, AND 7 OF THE KARNATAKA PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1974, IN RESPECT OF THE SCHEDULE PROPERTIES; DIRECT THE RESPONDENT NOS. 1 AND 2 TO EVICT THE RESPONDENT NOS. 3 TO 6 FROM THE SCHEDULE PROPERTIES AND ALSO RECOVER RENTS AND DAMAGES FOR UNAUTHORIZED OCCUPATION OF THE SCHEDULE PROPERTIES FROM THE RESPONDENT NOS. 3 TO 6; DIRECT RESPONDENT NOS. 1 AND 2 TO TAKE ACTION IN RESPECT OF THE ILLEGAL OCCUPATION OF THE SCHEDULE PROPERTIES BY THE RESPONDENT NOS. 3 TO 6C THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2026:KHC:10250 WP No. 5351 of 2026 ORAL ORDER The petitioner, a resident of I block, Jayanagar, Bengaluru, seeks directions to the first and the second respondents to act under the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974. Mr. Arjun Rao, the learned counsel for the petitioner, submits that this Court must intervene and direct the first and the second respondents, because it cannot be disputed that at the instance of the petitioner's complaint, proceedings have been initiated against those who are unauthorised occupants but without progress. When queried on the petitioner's locus, the learned counsel proposes to elaborate relying upon the terms of the lease deed to assert that the property is earmarked for the construction of a hospital which would help the residents, including the petitioner. - 5 - HC-KAR NC: 2026:KHC:10250 WP No. 5351 of 2026 On a careful consideration, this Court opines that the petitioner espouses a public cause and therefore must avail appropriate remedy and this petition cannot be entertained. As such, the petition stands disposed of without prejudice to the petitioner to espouse such public cause as is permissible in law Sd/- (B M SHYAM PRASAD) JUDGE RB