- 1 - HC-KAR NC: 2026:KHC:35160 WP No. 8052 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.8052 OF 2022 (GM-PP) BETWEEN: SRI. D. BABU S/O. SRI DEVAIAH AGED ABOUT 62 YEARS MILK BOOTH AND PANI POORI SHOP R/O. NEAR RAM AND CO CIRCLE CHURCH ROAD, PJ EXTENSION DAVANAGERE CITY-577 002 …PETITIONER (BY SRI RUDRAPPA P., ADVOCATE) AND: THE COMMISSIONER CITY CORPORATION DAVANAGERE CITY DAVANAGERE-577 002 …RESPONDENT (BY SRI B. K. MANJUNATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE FORM-D AND FORM-B, AS PER NOTICE BEARING NO.NYAYA.P.R.20/2020 DATED 07.03.2022 ISSUED BY THE RESPONDENT (VIDE ANNEXURE-C AND D RESPECTIVELY) AND DIRECT THE RESPONDENT FOR NOT TO DISPOSSESS THE PETITIONER WITHOUT DUE PROCESS OF LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35160 WP No. 8052 of 2022 CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. Petitioner who claims to be a tenant in possession and enjoyment of petition schedule property belonging to the respondent-Corporation is before this Court being aggrieved by the issuance of notice dated 07.03.2022 produced at Annexures-C and D in and by which petitioner has been called upon to pay Rs.77,094/- within one a period of month and to vacate and hand over the premises within 45 days thereon. 2. Learned counsel for the petitioner submits that the said notices have been issued without conducting any proceedings under the Provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974. He further submits that the petitioner herein had filed a suit in O.S.No.364/2020 against the respondent-Commissioner, in which an interim order under Order XXXIX Rule 1 and 2 was passed restraining the respondent-Commissioner from disposing the petitioner without following due process of law. That an appeal filed by the respondent-Commissioner in Misc.Appeal.No.14/2020 against the said order has also been rejected. Thus, he submits that in the absence of any - 3 - HC-KAR NC: 2026:KHC:35160 WP No. 8052 of 2022 procedure being followed in accordance with law, respondent- Commissioner could not have issued the impugned notices as per Annexures-C and D. 3. Learned counsel for the respondent-Commissioner fairly submits that given some time, respondent-Authority would ensure strict compliance to the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 and after affording sufficient opportunity to petitioner, appropriate orders in accordance with law would be passed. 4. Submissions taken on record. 5. Accordingly, following: ORDER (i) Petition is allowed. (ii) Impugned notices dated 07.03.2022 produced at Annexures-C and D are hereby quashed. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 32