- 1 - HC-KAR NC: 2026:KHC:22920-DB WA No. 869 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 869 OF 2026 (LB-RES) BETWEEN: SRI H.K. SRIPADA SHANKAR S/O KRISHNAMURTHY AGED ABOUT 56 YEARS R/A NO.790, NEAR MARUTHI TENT THONCHI KOPPAL, JANATHANAGAR MYSURU - 570 018 REPT. BY HIS G.P.A HOLDER SRI K. SANTHOSH AGED ABOUT 41 YEARS S/O SATHYANARAYANA SHETTY R/O NO.152, 3RD CROSS, INDIRANAGAR MYSURU - 570 001. …APPELLANT (BY SRI D.R. RAVISHANKAR, SR. ADV., FOR SRI SIRI RAJASHEKAR, ADV.) AND: 1. THE COMMISSIONER MYSURU URBAN DEVELOPMENT AUTHORITY J.L.B. ROAD, MYSURU - 570 005. 2. THE SPECIAL TAHSILDAR ZONAL OFFICE-04, MYSURU URBAN DEVELOPMENT AUTHORITY Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22920-DB WA No. 869 of 2026 MYSURU - 570 005. 3. THE ASSISTANT EXECUTIVE ENGINEER ZONAL OFFICE-04, MYSURU URBAN DEVELOPMENT AUTHORITY MYSURU - 570 005. …RESPONDENTS THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO BE SET ASIDE ONLY FOR WRIT PETITION ORDER TO SEEK ANY FURTHER RELIEF SEPARATE IA TO BE FILED AND ENGLISH TRANSLATION OF KANNADA PORTION IN WRIT PETITION ORDER, C, D TO BE FURNISHED. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The appellant was the petitioner in W.P.No.28322/2018 which was filed challenging the order dated 18.06.2018 passed by the Commissioner, Mysuru Urban Development Authority, whereby the lease agreement on the basis of which he has been occupying the shop allotted to him, has been cancelled. 2. The learned Single Judge has passed the following directions while allowing the writ petition:- - 3 - HC-KAR NC: 2026:KHC:22920-DB WA No. 869 of 2026 "(ii) The Commissioner, Mysuru Urban Development Authority is directed to take out proceedings in accordance with the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 and Section 74 of the Karnataka Urban Development Authorities Act, 1987. (iii) The Commissioner, Mysuru Urban Development Authority shall endeavour to conclude the proceedings within a period of three months from the date of receipt of certified copy of this order." 3. It is to be noted that the learned Single Judge has directed the authority to take action as per Section 74 of the Karnataka Urban Development Authorities Act, 1987. However, the provisions of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974 (hereinafter referred to as 'the Act of 1974) are applicable in the facts of the present case inasmuch as the appellant had been in occupation of the shop in view of the lease deed executed in his favour. Once the lease deed has expired and has not been extended, the appellant is to be treated as an unauthorized occupant and for his eviction, the respondent-authority should take action as per the requirements of the Act of 1974. 4. We, therefore, delete the direction issued by the learned Single Judge for taking action against the - 4 - HC-KAR NC: 2026:KHC:22920-DB WA No. 869 of 2026 appellant/petitioner under Section 74 of the Karnataka Urban Development Authorities Act, 1987. 5. With the aforesaid modification in the impugned judgment and order, the appeal stands disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RKA List No.: 1 Sl No.: 1