Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 14619 (KAR)

SMT. MAHABOOB BI, v. THE CHIEF OFFICER,

WP/5809/2026 · 2026-03-04

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:13332 WP No. 5809 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 5809 OF 2026 (LB-RES) BETWEEN: 1. SMT. MAHABOOB BI, D/O HAYATH BI, W/O MASTAN SAB, AGED ABOUT 66 YEARS, R/AT 17TH WARD, WATER TANK ROAD, HIRIYUR TOWN-577 599, CHITRADURGA DISTRICT. 2. SRI. SHABBIR, S/O AMEER, AGED ABOUT 49 YEARS, R/AT 17TH WARD, WATER TANK ROAD, HIRIYUR TOWN-577 599, CHITRADURGA DISTRICT. …PETITIONERS (BY SRI. KALEEMULLA SHARIFF, ADVOCATE) AND: 1. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, HIRIYUR-577 599. 2. THE PRESIDENT, TOWN MUNICIPAL COUNCIL, HIRIYUR-577 599. …RESPONDENTS (BY SRI. KOUSHIK S. KARIGOUDAR, ADVOCATE FOR SMT.G.K. BHAVANA.,ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13332 WP No. 5809 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE BEARING NO.NA.SA.HI/KAMISHA.SIR/2024-25, DATED 18-12-2024, ISSUED BY THE 1ST RESPONDENT PRODUCED AT ANNEXURE-E, BY ISSUING A WRIT OF CERTIORARI. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER It is admitted that the petitioners are illegal occupants of the writ petition schedule property, which belongs to respondent No.1. Respondent No.1 has issued a notice to have the petitioners evicted. 2. The case of the respondents is that the petitioners are being evicted by following due process of law and not otherwise. The first step in the said eviction process is the issuance of notice, and the same has already been issued. - 3 - HC-KAR NC: 2026:KHC:13332 WP No. 5809 of 2026 3. It is seen that what is challenged in the instant writ petition is the notice issued by the respondents calling upon the petitioners to vacate their illegal occupation of the property. No person has a right to illegally occupy Government property. However, such person has to be dispossessed in the manner known to law. 4. Hence, the respondents are directed to dispossess the petitioners in the manner known to law and not otherwise. Subject to the said observations, the Writ Petition stands dismissed. 5. In view of disposal of the writ petition, pending I.A.s, if any, does not survive for consideration. SD/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 68