- 1 - HC-KAR CNR: KAHC010640352026 NC: 2026:KHC:50069 WP No. 29084 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29084 OF 2026 (GM-PP) BETWEEN: 1. SRI. G. V. VENKATESH S/O G. VENKATASAMY, AGED ABOUT 54 YEARS, NO.359, ANJANEYA TEMPLE ROAD, MARUTHI LAYOUT, WARD NO. 12, MALUR TOWN, KOLAR DISTRICT.-563130 2. SRI ANAND KUMAR M A S/O LATE ANJANAPPA N., AGED ABOUT 56 YEARS, K. NANJAPPA LAYOUT, RAILWAY MAIL POST OFFICE, ADARSH NAGAR, MALUR TALUK. KOLAR DISTRICT.563130 …PETITIONERS (BY SMT. SUKANYA H D., ADVOCATE) AND: 1. UNION OF INDIA BY SOUTH WESTERN RAILWAY, BENGALURU DIVISION, LAND SECTION, BENGALURU, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE. - 2 - HC-KAR CNR: KAHC010640352026 NC: 2026:KHC:50069 WP No. 29084 of 2026 2. THE ESTATE OFFICER, SOUTH WESTERN RAILWAY, BENGALURU DIVISION, BENGALURU. 560053 …RESPONDENTS (BY SRI. ARVINDKAMATH, ASG A/W SRI. VINAY VENUGOPAL, SR. CGC) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASHING THE IMPUGNED ORDER DATED 01.09.2026 PASSED BY R2 THE LEARNED ESTATE OFFICER SOUTH WESTRAN RAILWAY, BENGALURU DIVISION IN ELR CASE NO. 12/2024/MALUR STATION (KM. 313/200-40) PRODUCED HEREWITH AND MARKED AS ANNX-A AND CONSEQUENTLY PROTECT THE PETITIONERS HEREIN LAWFUL TITLE AND POSSESSION OVER THE SCHEDULE PROPERTY. DIRECTING THE RESPONDENT AUTHORITIES NOT TO INTERFERE WITH THE PETITIONERS HEREIN PEACEFUL POSSESSIONS AND ENJOYMENT OF THE SCHEDULE PROPERTY AND NOT TO DISPOSSESS THE PETITIONERS PURSUANT TO THE IMPUGNED ORDER DATED 01.09.2026 PASSED IN ELR CASE NO. 12/2024 MALUR STATION (KM 313/200-400) PENDING DISPOSAL OF THE PRESENT WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed Court seeking following reliefs : " (a) Issue a writ of Certiorari by quashing the impugned order dated 01.09.2026 passed by Respondent No.2, the Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010640352026 NC: 2026:KHC:50069 WP No. 29084 of 2026 Estate Officer, South Western Railway, Bengaluru Division, in E.L.R. Case No.12/2024/Malur Station (Km.313/200-400), produced herewith and marked as Annexure-herein A, and consequently protect the Petitioners' herein lawful title and possession over the schedule property, in the interest of justice and equity. (b) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the Respondent Authorities not to interfere with the Petitioners' herein peaceful possession and enjoyment of the schedule property and not to dispossess the Petitioners pursuant to the impugned order dated 01.09.2026 passed in E.L.R. Case No.12/2024/Malur Station (Km.313/200- 400), pending disposal of the present writ petition." 2. Petitioners seeks to impugn the order dated 01.09.2016 passed by the respondent No.2-Estate Officer, which has been passed under Section 5(1) of the Public Premises (Eviction of Unauthorized Occupants) Act, 19711. 3. Heard Sri. Sukanya H.D, learned counsel for the petitioners and Sri. Arvind Kamath, learned ASGI along with Sri. Vinay Venugopal, learned Senior CGC, appearing for the respondents. 4. It is forthcoming that an appeal remedy is available to the petitioners under Section 9 of the Act. 1 Hereinafter referred to as the 'Act' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010640352026 NC: 2026:KHC:50069 WP No. 29084 of 2026 5. In view of the aforementioned, liberty is reserved to the petitioners to prefer an appeal on or before 23.09.2026. In the event, appeal is preferred on or before 23.09.2026, the said appeal shall be considered by the Appellate Authority without raising any objection with regard to delay/limitation. 6. The impugned order dated 01.09.2026 produced at Annexure-A to the writ petition, shall not be precipitated in any manner till 23.09.2026. 7. It shall be open for the petitioners to seek for appropriate interim relief in the appeal that may be filed. 8. All rights and contentions of the parties with respect to the merits of the case are kept open. 9. Above writ petition is disposed of with the aforementioned observations. (C.M. POONACHA) JUDGE RL List No.: 1 Sl No.: 49 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA