- 1 - HC-KAR NC: 2026:KHC:30561 WP No. 18386 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 18386 OF 2026 (KLR-RES) BETWEEN: M/S. GUNAMBA MATERNITY AND CHILD WELFARE TRUST, MYSURU. REPRESENTED BY ITS AUTHORIZED SIGNATORY, HAVING OFFICE AT NO.7, DIWANS ROAD, D.D. MOHALLA, MYSURU - 570 001. …PETITIONER (BY SRI. S.M.CHANDRASHEKAR, SENIOR COUNSEL FOR SRI.CHANDRASHEKAR H.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, BENGALURU - 560 001. 3. THE DEPUTY COMMISSIONER, MYSURU DISTRICT, MYSURU - 560 005. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30561 WP No. 18386 of 2026 4. THE REGIONAL COMMISSIONER, MYSURU - 570 020. 5. THE ASSISTANT COMMISSIONER, MYSURU - 570 018. 6. TAHSILDAR, MYSURU TALUK, MYSURU - 560 005. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENTS NO.3 TO 6 TO CONSIDER AND ACT UPON THE PETITIONERS REPRESENTATIONS DATED 21.07.2022 (ANNEXURE-J), 03.09.2022 (ANNEXURE-M) AND 15.09.2022 (ANNEXURE-O), AND CONSEQUENTLY INITIATE ALL NECESSARY PROCEEDINGS IN ACCORDANCE WITH LAW FOR PROTECTION OF THE SCHEDULE PROPERTY, REMOVAL OF UNAUTHORIZED INTERFERENCE, AND IMPLEMENTATION OF THE DIRECTIONS ALREADY ISSUED BY THE COMPETENT AUTHORITIES AND FURTHER DIRECT THE AUTHORITIES TO PROVIDE NECESSARY PROTECTION AND ENSURE THAT NO THIRD PARTY HAVING NO MANNER OF RIGHT, TITLE OR INTEREST IN THE SCHEDULE PROPERTY UNLAWFULLY INTERFERES WITH THE PETITIONERS PEACEFUL POSSESSION AND ENJOYMENT THEREOF AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:30561 WP No. 18386 of 2026 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER The learned HCGP accepts notice for respondents. 2. In this writ petition, the petitioner sought for a direction to Respondent Nos.3 to 6 to consider the representations dated 21.07.2022, 03.09.2022 and 15.09.2022 and to further initiate all necessary proceedings for protection of the schedule property by removing the unauthorized interference made by any such persons. 3. Heard Sri.S.M.Chandrashekar, learned Senior Counsel appearing on behalf of Sri.Chandrashekar.H.B., learned counsel representing the petitioner and Sri.Spoorthy Hegde.N., learned HCGP appearing for the respondents. 4. It is contended by the learned Senior Counsel appearing on behalf of the petitioner by referring to the order dated 22.04.2022 in W.P.No.4637 of 2022 - 4 - HC-KAR NC: 2026:KHC:30561 WP No. 18386 of 2026 (Annexure-G) that, the suit filed by one Sri.C.Samuel Edwin was withdrawn later and thereafter, the respondent authorities i.e., Regional Commissioner, Bengaluru Division by letter dated 10.08.2022 (Annexure-K), directed the Respondent No.3 to remove the illegal occupants in the subject land. However, the same order has not been implemented, despite the recent order passed by Respondent No.6 at Annexure-P dated 16.09.2022, accordingly sought for interference by this Court. 5. Per contra, the learned HCGP sought for sometime to take decision in the matter. 6. In the light of the submission made by the learned counsel appearing for the parties, on careful consideration of the writ papers, it would indicate that one Sri.C.Samuel Edwin had filed suit in O.S.No.161 of 2021 on the file of the Principal Civil Judge & J.M.F.C., at Mysuru and the said suit came to be withdrawn by the plaintiff therein. It is also to be noted from the order passed by this Court in W.P.No.4637 of 2022 dated 22.04.2022, - 5 - HC-KAR NC: 2026:KHC:30561 WP No. 18386 of 2026 wherein, this Court has made an observation as to the judgment and decree passed by this Court in R.S.A.No. 378 of 2015 and R.S.A.No.1471 of 2010. 7. In that view of the matter, taking into consideration the factual aspects on record, as the Regional Commissioner by letter dated 10.08.2022 (Annexure-K) has directed the Respondent No.3, to evict the unauthorized occupants in the subject land, I am of the opinion that Respondent No.3 be sensitized as to the order passed by Respondent No.4 referred to above and direct the Respondent No.6 to evict the unauthorized occupants in the subject property, within a period of one month from the date of receipt of copy of this order. 8. It is made clear that since the Respondent No. 4 has already directed Respondent No.3 to act in accordance with law, in terms of the order passed by this Court, it is open for the respondent - authorities to take police protection for facilitating the direction issued by the Respondent No.4 at Annexure-K as to the eviction of the - 6 - HC-KAR NC: 2026:KHC:30561 WP No. 18386 of 2026 unauthorized occupant in the subject land, since the claim made by the petitioner herein is to safeguard the interest of the hospital in question. With this observation, Writ Petition is disposed of. It is also to be noted that after taking appropriate steps, the Respondent No.6 is directed to file the compliance report before this Court within two months from the date of receipt of a copy of this order. SD/- (E.S.INDIRESH) JUDGE DH List No.: 1 Sl No.: 32