- 1 - HC-KAR NC: 2026:KHC:19970 WP No. 6452 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 6452 OF 2026 (GM-RES) BETWEEN: THE CQAL EMPLOYEES HOUSE BUILDING CO- OPERATIVE SOCIETY C/O CQAL, JC NAGAR P.O., BENGALURU 560 006. REPRESENTED BY MR.K. MAHESH, PRESIDENT OF THE SOCIETY, S/O KRISHNAMURTHY, AGED ABOUT 48 YEARS, R/AT NO.8, 3RD B.J. MAIN ROAD, HEALTH LAYOUT, ANNAPURNESWARI NAGAR, NAGARABAVI, BENGALURU 560 091. …PETITIONER (BY SRI. CHANDRAKANTH R GOULAY.,ADVOCATE) AND: 1. THE CONTROLLER, CQAL, GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, J.C.NAGAR, BENGALURU 560 006. 2. OFFICE CAMPUS, ADG ADDL. DIRECTOR GENERAL OF QUALITY ASSURANCE, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19970 WP No. 6452 of 2026 GOVERNMENT OF INDIA, BENGALURU 560 006 3. ADG ADDITIONAL DIRECTOR GENERAL OF QUALITY ASSURANCE NEW DELHI. - 110011 4. DIRECTOR GENERAL, DIRECTOR GENERAL OF QUALITY ASSURANCE, NEW DELHI.-110011 …RESPONDENTS (BY SRI. SHIVAKUMAR., ASG FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS AND QUASH THE IMPUGNED ORDER PASSED BY R1 AT ANNX-S BEARING NO. 012660/S-DIV/WORKS/SHOP NO. 02 REGARDING EVICTION OF PREMISES BY THE NOTICE DATED 05.02.2026 AS ARBITRARY ILLEGAL AND VOIDE. DIRECTION TO THE RESPONDENTS NOT TO INITIATE EVICTION PROCEEDINGS IN THE PREMISES OCCUPIED BY THE PETITIONER WHO ARE RUNNING THE OFFICE BY NAME CQAL EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, FRESH MATTERS LIST, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed by a tenant under respondents 1 to 4 assailing the impugned order passed by respondent No. 1 bearing No.012660/S-Div/works/shop - 3 - HC-KAR NC: 2026:KHC:19970 WP No. 6452 of 2026 No.2 thereby evicting petitioner from the premises vide notice dated 05.02.2026. 2. Having heard the learned counsel appearing for the parties and upon perusal of the material placed on record, this Court finds that the gravamen of the petitioner’s grievance is that the respondents, without having recourse to the procedure established by law, have dispossessed the petitioner from the subject premises in a high-handed manner. Taking note of the seriousness of the allegation, this Court, at the earlier point of time, had directed the learned counsel appearing for the respondents to seek specific instructions as to whether the possession was taken strictly in consonance with due process of law. 3. Despite affording sufficient opportunities and granting as many as three to four adjournments, the respondents failed to place necessary instructions before this Court. However, today, upon instructions, the learned counsel appearing for the respondents fairly concedes that - 4 - HC-KAR NC: 2026:KHC:19970 WP No. 6452 of 2026 the possession was not secured by adhering to the due process of law. This categorical admission by the respondents clearly establishes that the action of dispossession is vitiated and cannot be sustained in the eye of law. It is trite that even a person in settled possession cannot be dispossessed except by following due process, and any deviation therefrom would render the action arbitrary and unconstitutional. 4. In the light of the aforesaid admitted position, this Court is of the considered view that the petitioner is entitled to be restored to possession by way of restitution. However, this Court, balancing the equities between the parties and taking into consideration the submissions made by the petitioner, deems it appropriate to mould the relief. The petitioner has fairly submitted before this Court that he would vacate the premises within a stipulated time and has also filed an affidavit of undertaking to that effect, which is taken on record. Accepting the said undertaking, this Court is inclined to grant limited relief of restoration, - 5 - HC-KAR NC: 2026:KHC:19970 WP No. 6452 of 2026 subject to stringent conditions so as to protect the interest of the respondents. 5. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed in part. (ii) The respondents, more particularly respondent No.1, are hereby directed to restore possession of the petition schedule premises to the petitioner forthwith. (iii) The restoration of possession shall be subject to the petitioner paying rent/occupation charges equivalent to the rent being paid by adjoining tenants in respect of similar shop premises owned by the respondents. (iv) In terms of the affidavit of undertaking filed before this Court, the petitioner shall hand over - 6 - HC-KAR NC: 2026:KHC:19970 WP No. 6452 of 2026 vacant and peaceful possession of the premises on or before 31.10.2026, without seeking any further extension. (v) It is made unequivocally clear that no application seeking extension of time shall be entertained under any circumstances. (vi) The petitioner shall scrupulously comply with the condition relating to payment of rent/occupation charges and shall not commit any default till the date of handing over possession. (vii) The respondents shall restore possession to the petitioner immediately upon receipt of a copy of the affidavit of undertaking furnished by the petitioner in terms of this order. (viii) It is further made clear that in the event of breach of any of the conditions stipulated herein, it - 7 - HC-KAR NC: 2026:KHC:19970 WP No. 6452 of 2026 would be open to the respondents to take appropriate action in accordance with law. Ordered accordingly. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 69