Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:31494 WP No. 637 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO. 637 OF 2024 (GM-RES) BETWEEN:
1.
GIRISHA. D. C.
S/O. LATE D. V. CHIKKANNA, AGED ABOUT 46 YEARS, R/AT TYPE-II, QUARTER NO. 22/2, DGQA RESIDENTIAL COMPLEX, GUNATHA VIHAR, J.C. NAGAR POST, BANGALORE-560 006.
2.
M. SURESH S/O. LATE MAYANNA, AGED ABOUT 47 YEARS, R/AT TYPE-II, QUARTER NO. 22/2, DGQA RESIDENTIAL COMPLEX, GUNATHA VIHAR, J.C. NAGAR POST, BANGALORE-560 006.
3.
M. KALIAPPAN S/O. LATE V. MANICKKAM, AGED ABOUT 56 YEARS, R/AT TYPE-II, QUARTER NO. 22/2, DGQA RESIDENTIAL COMPLEX, GUNATHA VIHAR, J.C. NAGAR POST, BANGALORE-560 006. …PETITIONERS (BY SRI. R SHASHIDHARA., ADVOCATE)
AND:
1.
THE CONTROLLER CONTROLLARATE OF QUALITY ASSURANCE (L) (ELECTRONICS),
Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:31494 WP No. 637 of 2024
MINISTRY OF DEFENSE (DGQA), J.C. NAGAR POST, BANGALORE-560 006.
2.
THE G.E. (NORTH) T/64, MEANCE LINES, MEG AND CENTER, BANGALORE-560 042.
3.
THE AAO GE (NORTH) T/64, MEANCE LINES, MEG AND CENTER, BANGALORE-560 042.
4.
THE BSO (NORTH) T/64, MEANCE LINES, MEG AND CENTER, BANGALORE-560 042.
5.
THE COMMANDANT AND MD 515 ARMY BASE WORK SHOP, ULSOOR, BANGALORE-560 008.
6.
THE COMMANDANT NO. 56, COY ASC (SUP), TYPE-G, CUBBON ROAD, BANGALORE-560 001.
7.
THE REGISTRAR/HOO CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, 1ST AND 2ND FLOOR, VISHVESHWARAYA KENDRIYA BHAVAN, DOMLUR, BANGALORE-560 039. …RESPONDENTS (BY SRI. ANUPAMA HEGDE., ADVOCATE FOR R1 TO R6;
VIDE ORDER DATED 05.01.2024, NOTICE TO R7 NEED NOT BE ISSUED FOR THE PRESENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
- 3 -
HC-KAR NC: 2026:KHC:31494 WP No. 637 of 2024
QUASH THE IMPUGNED FINAL NOTICE ISSUED BY THE R1 NO. 012660/S-DIV/ACCN/58/NOTICE DATED 08/12/2023 VIDE ANNEXURE-G, SO FAR IN RESPECT OF 1ST PETITIONER, ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
ORAL ORDER
The present writ petition has been filed under Article 226 of the Constitution of India challenging the final vacation notice issued to the petitioners to vacate the residential quarters (unit/estt.) which are under their occupation on the ground that the Military Engineering Services (MES) declared the occupied quarters/accommodations unfit for habitation and the same are required to be vacated for further action.
2. The Petitioner No.1 is working under the Commandant, 515 Army Base Workshop, Halasuru, Bengaluru. Petitioner No.2 is working under the Commandant, Coy ASC (SUP) Type-G and petitioner No.3 is working in Central Administrative Tribunal, Bengaluru.
3. These petitioners were allotted quarters at Gunatha Vihar, DGQA Residential Complex, Bengaluru. Petitioner No.1
- 4 -
HC-KAR NC: 2026:KHC:31494 WP No. 637 of 2024
was allotted quarters No.22/02 Type-II, on 04.12.2014 for a period of one year. The allotment order itself stipulated that the allotment was valid up to 04.12.2015. Petitioner No.2 was allotted quarters No.27/05 (T/F), Type-II valid for one year, and Petitioner No.3 was allotted quarters on 16.06.2021 valid up to 09.09.2021. The petitioners have overstayed in this official accommodation beyond the period stipulated in their allotment letters and were consequently declared as unauthorized occupants of the Government quarters at Gunatha Vihar. Further, upon inspection, the Military Engineering Services (MES) authorities submitted a report declaring the quarters occupied by the petitioners unsafe and unfit for human habitation. Based on this report, a final notice to vacate the premises was issued, which is now under challenge before this Court.
4. This Court cannot substitute the finding of the competent authority to arrive at a different conclusion to say that the quarters are fit for habitation. Finding no ground to interfere with the impugned notices we dismiss the petition. However, if the petitioners apply for alternate accommodation, they may approach their respective department for allotment of
- 5 -
HC-KAR NC: 2026:KHC:31494 WP No. 637 of 2024
quarters, and the authorities will consider their request in accordance with the relevant allotment Rules.
5. The petitioners are granted 15 days to vacate the quarters. If they fail to vacate the quarters, the authorities are at liberty to proceed in accordance with law. Sd/- (D K SINGH) JUDGE
RKA List No.: 1 Sl No.: 1