- 1 - HC-KAR NC: 2026:KHC:20412 WP No. 11832 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 11832 OF 2026 (GM-RES) BETWEEN: 1. MR. SURESH POOJARY S/O. SHARIDHARA POOJARY AGED ABOUT 37 YEARS R/AT G-3, SONY PARADISE TELECOM HOUSE ROAD, PANDESHWER MANGALORE-01. &PETITIONER (BY SRI. RANJAN KUMAR K.,ADVOCATE) AND: 1. SMT. ANASUYA SHETTY RETD. PRINCIPAL OF GOVT. UNIVERSITY COLLEGE, MANGALORE AGED ABOUT 61 YEARS R/AT ATHREYA NILAYA BETHANY CONVENT ROAD BENDORE, MANGALORE-02. 2. MANGALORE UNIVERSITY REP.BY ITS REGISTRAR UNIVERSITY CAMPUS, MANGALA GANGOTRI KONAJE, MANGALORE-574199. 3. THE PRINCIPAL GOVT. UNIVERSITY COLLEGE MANGALORE, U.P MALLAYA ROAD HAMPANKATTE, MANGALORE-575001. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20412 WP No. 11832 of 2026 4. THE DEPUTY COMMISSIONER D.K DISTRICT OFFICE OF DEPUTY COMMISSIONER MANGALORE-01 &RESPONDENTS (BY SRI. .,ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 AND R3 NOT TO DISPOSSESS THE PETITIONER UNLAWFULLY FROM HIS BUSINESS AT THE UNIVERSITY CANTEEN PERMISES SITUATED IN HAMPANAKATTE, MANGALURU, WITHOUT FOLLOWING THE DUE PROCESS OF LAW AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed seeking issuance of a writ in the nature of mandamus directing respondents 2 and 3 not to dispossess the petitioner from the University Canteen premises situated at Hampankatte, - 3 - HC-KAR NC: 2026:KHC:20412 WP No. 11832 of 2026 Mangaluru, otherwise than by due process of law, and further seeking a direction against respondent No.3 to clear the alleged outstanding dues payable to the petitioner. 2. Heard the learned counsel appearing for the petitioner. Perused the material placed on record. 3. On a careful examination of the pleadings and documents, it is evident that the petitioner was inducted as a lessee to run a canteen in the college premises under a lease arrangement commencing from 01.12.2023. The tenure of the lease, as borne out from the records, was limited and came to an end on 31.12.2024. However, it is also not in dispute that the petitioner has continued in occupation even beyond the expiry of the lease period without there being any formal renewal or extension of the lease in his favour. In the absence of a subsisting leasehold right, the petitioner cannot assert any legally - 4 - HC-KAR NC: 2026:KHC:20412 WP No. 11832 of 2026 enforceable right to continue in possession of the premises. 4. Insofar as the apprehension relating to dispossession is concerned, it is trite that even a person in settled possession cannot be dispossessed except by following due process of law. However, in the present case, having regard to the admitted position that the lease has expired and that the petitioner has overstayed without any contractual or statutory backing, this Court is not inclined to exercise its discretionary jurisdiction under Article 226 of the Constitution of India to grant the relief as sought for. The claim relating to alleged outstanding dues is also not a ground to interdict the respondents from proceeding in accordance with law. 5. Nevertheless, it is observed that if the respondents have initiated steps to allot the canteen premises by way of public auction or tender process, and if the time stipulated for submission of bids has not expired, - 5 - HC-KAR NC: 2026:KHC:20412 WP No. 11832 of 2026 it is open to the petitioner to participate in such process, subject to eligibility and in accordance with the terms and conditions governing the tender/auction. 6. With the above observations, the writ petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 3 Sl No.: 2