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2026 DAILYLAW 38382 (KAR)

M/S SLN MANAGEMENT SERVICES v. THE UNION OF INDIA

WP/19604/2025 · 2026-08-28

T P Vivekananda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010683002025 NC: 2026:KHC:46596 WP No. 31498 of 2025 C/W WP No. 19604 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO.31498 OF 2025 C/W WRIT PETITION NO.19604 OF 2025 (GM-RES) IN WP No.31498/2025 BETWEEN: M/S. SLN MANAGEMENT SERVICES SITUATEED AT 706, 2ND BLOCK, KRISHNA APARTMENT, ALI ASKAR ROAD, BENGALURU-560 052, REP. BY ITS AUTHORIZED, PERSON/PROPRIETOR, MR. KARUNAKAR HEGDE, S/O MR.M.BACHA HEGDE, AGED ABOUT 55 YEARS, AADHAAR: 2219 8929 3936. …PETITIONER (BY SRI. MAHAMMED TAHIR A, ADVOCATE) AND: 1. THE UNION OF INDIA THE MINISTRY OF RAILWAYS, RAISINA ROAD, NEW DELHI-110 001, REP. BY ITS SECRETARY, 2. M/S IRCON INTERNATIONAL LIMILTED (IRCON) A GOVERNMENT OF INDIA , UNDERTAKING UNDER MINISTRY OF RAILWAYS NAVRATNA RATNA COMPANY, Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010683002025 NC: 2026:KHC:46596 WP No. 31498 of 2025 C/W WP No. 19604 of 2025 SOUTHERN REGION OFFICE, SITUATED AT FLAT NUMBER B2/318, 3RD FLOOR, NATIONAL GAMES VILLAGE, TUNGABHADRA BLOCK, KORMANGALA, BENGALURU-560 047, REP. BY ITS GENERAL MLANAGER, AND REGIONAL HEAD. …RESPONDENTS (BY SRI. JAYAKARA SHETTY H, CGSPC FOR R1; SRI. P.P. HEGDE, SENIOR COUNSEL A/W SRI. DHANUSH D. RAJ, ADVOCATE FOR SRI. GANAPATHI BHAT, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS PENDING ON THE FILE OF RESPONDENTS AND ISSUE AN ORDER, DIRECTION OR A WRIT, IN THE NATURE OF WRIT OF CERTIORARI BY QUASHING THE IMPUGNED NOTICE FOR VACATION OF LEASED PREMISES DATED 26.09.2025 VIDE NO.IRCON/SC/BLR/LEASE/RO-BLDG/CORRSP/9/8616 ISSUED BY THE 2ND RESPONDENT- IRCON INTERNATIONAL LIMITED VIDE ANNEXURE-K BY TREATING IT AS UNJUST, UNFAIR AND ULTRAS VIRES. IN WP NO.19604/2025 BETWEEN: M/S. SLN MANAGEMENT SERVICES SITUATEED AT 706, 2ND BLOCK, KRISHNA APARTMENT, ALI ASKAR ROAD, BENGALURU-560 052, REP. BY ITS AUTHORIZED PERSON, MR. KARUNAKAR HEGDE, S/O MR. M.BACHA HEGDE, AGED ABOUT 55 YEARS, AADHAAR: 2219 8929 3936. ...PETITIONER (BY SRI. MAHAMMED TAHIR A., ADVOCATE) - 3 - HC-KAR CNR: KAHC010683002025 NC: 2026:KHC:46596 WP No. 31498 of 2025 C/W WP No. 19604 of 2025 AND: 1. THE UNION OF INDIA THE MINISTRY OF RAILWAYS, RAISINA ROAD, NEW DELHI-110 001, REP. BY ITS SECRETARY, 2. M/S IRCON INTERNATIONAL LIMILTED (IRCON) A GOVERNMENT OF INDIA , UNDERTAKING UNDER MINISTRY OF RAILWAYS, MINI RATNA COMPANY, SOUTHERN REGION, SITUATED AT ADEN OFFICE, SOUTH WESTERN RAILWAYS, ADJACENT TO CITY RAILWAY STATION, BENGALURU-560 023, REP. BY ITS CHIEF/ADDITIONAL GENERAL MANAGER. ...RESPONDENTS (BY SRI. JAYAKARA SHETTY H, CGSC FOR R1; SRI. P.P. HEGDE, SENIOR COUNSEL A/W SRI. DHANUSH D. RAJ, ADVOCATE FOR SRI. GANAPATHI BHAT, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS PENDING ON THE FILE OF RESPONDENTS AND DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD. 21.06.2025 OF THE PETITIONER VIDE ANNX-H1 AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA - 4 - HC-KAR CNR: KAHC010683002025 NC: 2026:KHC:46596 WP No. 31498 of 2025 C/W WP No. 19604 of 2025 ORAL ORDER W.P.No.31498/2015 is filed challenging the Communication dated 26.09.2025 vide Annexure-K issued by the respondents calling upon the petitioner to vacate the premises in question and pay the arrears of rent. In addition, the respondents have also informed the petitioner that the security deposit of Rs.17,00,000/- has been forfeited due to breach of the conditions of lease. 2. W.P.No.19604/2025 is filed for a writ of mandamus directing the respondents to consider the representation filed by the petitioner dated 21.06.2025 vide Annexure-H1 and also to extend the further period as per lease agreement dated 14.09.2015 vide Annexure-C. 3. The petitioner was a lessee of the respondent under a lease deed dated 14.09.2015 vide Annexure-C. The conditions of lease disclose that the lease was for a period of 10 years, which expired on 27.10.2025. - 5 - HC-KAR CNR: KAHC010683002025 NC: 2026:KHC:46596 WP No. 31498 of 2025 C/W WP No. 19604 of 2025 4. This Court while entertaining the writ petition on 23.10.2025 passed an interim order restraining the respondents from dispossessing the petitioner from the subject property pursuant to Annexure-K. 5. Learned counsel for the petitioner contends that the alleged arrears of rent is pertaining to the period during which the business of the petitioner was affected by COVID breakout and the petitioner has made request for waiver of the rent of the said period. In addition, he contends that the petitioner has sought for extension of lease, however, the respondents are not considering the said request, therefore prays for issue of suitable directions to the respondents. 6. The respondents have filed an application for vacating of the interim order. The affidavit in support of the application, more particularly, paragraph No.3 reads as follows: - 6 - HC-KAR CNR: KAHC010683002025 NC: 2026:KHC:46596 WP No. 31498 of 2025 C/W WP No. 19604 of 2025 “3. I say that the lease deed/agreement dated 14-09-2015 entered into between the Petitioner and Respondent was for the period of 10 years i.e., from 07-07-2015 to 08-07-2025. The lease has already expired and there is no further renewal of lease agreement. Petitioner is in arrears of rent of Rs.84,99,497/-. Further Petitioner has not issued TDS certificate amounting to Rs.9,34,031/-. In addition to this, Petitioner has also failed to pay Rs.1,34,93,113/- for utilizing the excess commercial space apart from the premises leased out in the lease agreement.” 7. The contents of paragraph No.3 insofar as expiry of lease is not disputed by the petitioner. If that is so, the petitioner has no legal right to continue in possession of the leased premises beyond the stipulated lease period that too by making default in paying the rentals. The learned counsel for the petitioner seeks to contend that there is a dispute regarding arrears of rent, this Court cannot consider the said dispute in the present writ petition. 8. The learned Senior counsel appearing for the respondents points out that in terms of Clause 6 of the lease deed vide Annexure-C, the dispute between the - 7 - HC-KAR CNR: KAHC010683002025 NC: 2026:KHC:46596 WP No. 31498 of 2025 C/W WP No. 19604 of 2025 lessor and lessee will have to be resolved amicably at the first instance, if it is not settled amicably between the parties, then the parties will have to invoke the provisions of the Arbitration and Conciliation Act, 1996, for resolution of disputes. Therefore, he contends that, in the light of existence of arbitration clause, the writ petition is not maintainable. 9. On hearing both sides, this Court has noticed that there is default on the part of the petitioner in not making payment of the arrears of rent and not vacating the premises upon expiry of the lease period. Therefore, the impugned notice issued by the respondents cannot be faulted. The issue brought before this Court is purely contractual in nature which cannot become a subject matter of judicial review. Therefore, this Court finds no grounds to interfere with the Communication at Annexure-K in exercise of jurisdiction under Article 226 of the Constitution of India. - 8 - HC-KAR CNR: KAHC010683002025 NC: 2026:KHC:46596 WP No. 31498 of 2025 C/W WP No. 19604 of 2025 10. The petitioner’s grievance against the respondents either for waiver of the arrears of rent on the ground of COVID breakout or non-extension of lease cannot be considered in this writ petition. This Court cannot enforce the contractual obligations between the petitioner and the respondents. The petitioner has not pointed out infringement of any statutory or legal right nor any corresponding legal or statutory duty which the respondent has to perform. In absence of the same no writ can be issued against the respondents. 11. In the result: i. W.P.No.31498/2025 is dismissed. ii. The dismissal of this writ petition would not come in the way of the petitioner approaching the respondents for fresh lease on fresh terms. iii. If such a representation is submitted, it is open for the respondents to consider and dispose of the same in accordance with law. It is made clear that it is for - 9 - HC-KAR CNR: KAHC010683002025 NC: 2026:KHC:46596 WP No. 31498 of 2025 C/W WP No. 19604 of 2025 the respondents to take an independent decision according to their rules and regulations. iv. In the light of the disposal of W.P.No.31498/2025 with the aforesaid terms, the prayer sought in WP.No.19604/2025 does not survive for consideration. Accordingly, it is disposed of. Sd/- (T.P.VIVEKANANDA) JUDGE PB List No.: 1 Sl No.: 6