- 1 - HC-KAR NC: 2026:KHC:6593 WP No. 20955 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20955 OF 2025 (LB-RES) BETWEEN: 1. SRI NARAYAN AITAPPA SUVARNA S/O AITAPPA SUVARNA, AGED ABOUT 52 YEARS, RESIDING AT,NO.5-182, SHRI SADHGURUNIVASA, BAGGAR BETHU, MOODHUTHONSE, TONSE WEST UDUPI DISTRICT KARNATAKA-576115 2. SRI. SHIVA CHANDRIKA W/O SHIVA KUNDER, AGED ABOUT 50 YEARS, RESIDING AT, NO.13-51, B1 KSHITHI, VADABHARDESHWARA PADLANERGI UDDINAHITHLA, TENKANIDYOOR, UDUPI DISTRICRT KARNATAKA—576106 3. SRI. DAMODHARA AGED ABOUT 44 YEARS, RESIDING AT, VIGNESHVRAJNANAJYOTHI, VTC MALPEUDUPI DIST, KARANATAKA-576108 4. SRI.GIRIDHAR AGED ABOUT 44 YEARS, S/O MOHAN, RESIDING AT, 11-57A, GURUANUGRAHAANANTAKRISHNANAGARA, KUTHPADY POST UDUPI DIST, UDYAVARA UDUPI DIST, KARANATAKA-574118 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6593 WP No. 20955 of 2025 5. SRI.PRABHAKAR GANIGA AGED ABOUT 56 YEARS, RESIDING AT, 1-149 SHRIDURGA HOUSE BADANIDIYOOR, BADANIDIYUR, UDUPI DIST KARNATAKA-576115 6. CHANDRAVATHI SALLAN AGED ABOUT 51 YEARS, W/O SHEKHAR PUTHRAN RESIDING AT, 3-8 MALPE BEACH, SHREE JANA JYOTHI BHAJANA KODAVOOR UDUPI MALPE, UDUPI DIST KARNATAKA-576108 7. SUNDARA PUJARI AGED ABOUT 63 YEARS RESIDING AT,2-83, ONTHIBETTU HOUSE, HIRIYADKA, VTC ANJARU, DISTRICT UDUPI, STATE KARNATAKA, PIN CODE 576113. 8. ARUNDATHI AGED ABOUT 49 YEARS C/O SUDHAKAR M BANGERA RESIDING AT,3-136M ADITHYA NELLIKATTE, HIREBETTU, UDUPI KARNATAKA-576107 9. SUDHAKAR M BANGERA AGED ABOUT 59 YEARS, C/O, MANJAPPA BANGERA, 3-136M ADITHYA, NELLIKATTE, HIREBETTU, UDUPI DIST KAMATAKA-576107 - 3 - HC-KAR NC: 2026:KHC:6593 WP No. 20955 of 2025 10. CHANDRA MAGAVIRA AGED ABOUT 49 YEARS, S/O ANTHA NAIK, RESIDING AT,3-70 VIGHNESHVARA, MALPE BEACH, NEAR JANANJOYETHI BAJANA MADIRA, MALPE, UDUPI UDUPI DISTRICT KARNATAKA-576108 11. SADANANDA KUNDER AGED ABOUT 67 YEARS, S/O PEGGUMAINDAN, RESIDING AT, 11-66 G1, ANANTHAKRISHNA NAGAR, KUTHPADI, POSTKUTHPADI, N NO-4 NBURUDUPI, PO AMBALAPADI, UDUPI DIST, KARNATAKA-576103 12. PRASAD GOPAL KOTIAN AGED ABOUT 55 YEARS, RESIDING AT, S/O GOPAL KOTIAN, ROOM NO-4, OPP.SHOPPERS STOP, SUNITA BLDG PESTOMSAGAR ROAD NO-3, CHEMBUR, MUMBAI, MAHARASHTRA-400089 13. YADAVA RAMANNA POOJARY AGED ABOUT. 60 YEARS S/O RAMANNA POOJARY. RESIDING AT C.N.G. PETROL PUMP, ROOM NO. 02/84, HIMALAYA HOUSE, PESTOMSAGAR, ROAD NO. 1, CHEMBUR, MUMBAI, MAHARASHTRA, 400089 14. ANANDA THINGALAYA AGED ABOUT 65 YEARS, RESIDING AT, 3-106 SHIVASHAYANA KOLA BEACH MALPE UDUPI DIST - 4 - HC-KAR NC: 2026:KHC:6593 WP No. 20955 of 2025 KARNATAKA-576106 15. VEENA PRASAD KOTIAN AGED ABOUT 46 YEARS, W/O PRASAD KOTIAN, RESIDING AT, OPP SHOPPERS STOP ROOM NO-4 SUNITA BLDG PESTOMSAGAR ROAD CHEMBUR MUMBAI, MAHARASHTRA, 400089 16. HEMALATHA AGED ABOUT 52 YEARS W/O SURESH, RESIDING AT, 6-41 A1, KAVANA NIVASA, BEACH ROAD, KODAVOORU, VTC TENKANIDYOOR, PO THOTTAM, SUB DISTRICT UDUPI, KARNATAKA-576108, 17. SHAHZAD AHMAD ANSARI AGED ABOUT 40 YEARS S/O MANZOOR AHAMAD, RESIDING AT, 13-74A, ACHARYA COMPOUND, V.B ROAD, BAILAKERE, KODAVOOR POST, TENKANIDYOOR, UDUPI DISTRICT KARNATAKA-576106 18. BHOJA AGED ABOUT 68 YEARS S/O HONNAYYA, RESIDING AT, JANANI, KUTHPADI PADUKARE, NEAR NARAYANAGURU BHAJANA MANDIRA VTC UDUPI, PO MALPE, UDUPI, DISTRICT. KARNATAKA-576108 19. SEVANTHI AGED ABOUT 58 YEARS W/O BHOJA RESIDING AT, JANANI, KUTHPADI PADUKARE, NEAR NARAYANAGURU BHAJANA MANDIRA VTC: UDUPI, PO MALPE, - 5 - HC-KAR NC: 2026:KHC:6593 WP No. 20955 of 2025 UDUPI, DISTRICT. KARNATAKA-576108 20. KESHAVA P SUVARNA, AGED ABOUT 74 YEARS S/O PAPPU T KUNDAR RESIDING AT,6-11-1 RAVYA SHREE HOUSE KODAVOOR MALPE, UDUPI DISTRICT, KARNATAKA -576108 21. GEETA JAYAKAR ANCHAN AGED ABOUT 47 YEARS D/O SHANTARAM PUJAN, RESIDING AT VTC T.F.DONAR SO. MUMBAI DISTRICT. MAHARASHTRA-400088 22. RAMESH AMIN AGED ABOUT 49 YEARS, S/O GIRIYA POOJARY RESIDING AT, 1-23 SHANTHADURGA NIVASA THOTTAM, TENKANIDYOOR THOTTAM, UDUPI DISTRICT, KARNATAKA 576108 23. JAYALAKSHMI AGED ABOUT 53 YEARS W/O BR MOHAN RAJ NO 3-76 DEVI NILAYA DEVARAJA ARASU COLONY MALPE BRANCH, KODAVOOR VILLAGE NEAR JNANA JYOTHI BHAJANA MANDIR UDUPI DISTRICT, KARNATAKA-576108 24. SUHASINI MABEN AGED ABOUT 53 YEARS W/O DENY MABEN RESIDING AT, NEEL UDDINAHITLU KODAVOORU POST TENKANIDIYUR UDUPI, KARNATAKA-576106 25. SHASHIKANTHA BANGERA REP L/R SARASU POOJARTHI AGED ABOUT 47 YEARS - 6 - HC-KAR NC: 2026:KHC:6593 WP No. 20955 of 2025 S/O CHALLAPPA POOJARY RESIDING AT NO 12-15A1 SHASHICHANDRA NILAYA, JODUKERE, KOPPALATHOTA NEAR SHANKARANARAYANA TEMPLE POMALPE, KODAVOOR UDUPI DIST KARANATAKA-576108 …PETITIONERS (BY SMT. RASHMI N.L., ADVOCATE) AND: 1. THE COMMISSIONER UDUPI CITY MUNICIPAL COUNCIL, NAGARA KARYALAYA, UDUPI DISTRICT-576101. 2. THE DEPUTY COMMISSIONER, DISTRICT ADMINISTRATION, UDUPI DISTRICT-576101. 3. STATE OF KARNATAKA, REPRESENTED BY ITS MINISTRY OF MUNCIPAL, DEPARTMENT OF URBAN DEVELOPMENT, VIKASASOUDHA, BENGALURU - 560001. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R2; SRI. ABDULLA T I., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING NO.HUNASA.R1.CR.01/2024-25 DATED 28-02-2025 ISSUED BY THE RESPONDENT NO.1 COPY OF THE NOTICE IS HEREIN PRODUCED AS ANNEXURE-A AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 7 - HC-KAR NC: 2026:KHC:6593 WP No. 20955 of 2025 ORAL ORDER 1. The Petitioners are before this Court seeking for the following reliefs: A. To quash the notice bearing No. HUNASA.R1.CR.01/2024-25 dated 28.02.2025 issued by the Respondent No.1 copy of the notice is herein produced at Annexure-A. B. Any order that deems fit in the circumstances of the case. C. Cost of these petitioners. 2. A memo has been filed by the learned counsel for respondent No.1, which reads as under: MEMO FOR ALLOWING THE PETITION The Respondent No.1 respectfully submits as under: 1. The Petitioners have questioned the Annexure-A the notice issued by this respondent dated 28-02-2025 directing the petitioners to vacate and hand over possession of the lands where petty shops have been put up by the petitioners within 7days of receipt of the notice. 2. The above matter was listed before the Court on 17-09- 2025 and after hearing the counsel for petitioners the Court has made an interim order staying the proposed action in the notice and said order reads thus: Learned AGA is directed to accept notice to respondents 2 and 3. Sri. T.I. Abdulla, learned counsel is directed to accept - 8 - HC-KAR NC: 2026:KHC:6593 WP No. 20955 of 2025 notice to Respondent No. 1. Petitioner's counsel to serve two sets of petition copies on him. Heard the learned counsel for the petitioner. Petitioner's counsel while questioning the impugned notice vide Annexure-A would point that respondent No. 1, in gross violation of the principles of natural justice, has issued the show-cause notice calling upon these petitioners, who are inducted as tenants, to hand over vacant possession within 7 days. The notice does not reveal that respondent No. 1 has taken recourse to the provisions of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Prima facie, the notice under challenge appears to be arbitrary and without opportunity. Therefore, matter requires consideration. Accordingly, the impugned notice dated 28.02.2025 issued by hearing. respondent No. 1 vide Annexure-A is stayed till next date of Liberty is reserved to the learned counsel appearing for Respondent No.1 to seek for vacation of the interim order. 3. In the above interim order this Hon'ble Court has observed the notice does not reveal that the respondent No. 1 has taken recourse to the provisions of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Prima facie, the notice under challenge appears to be arbitrary and without opportunity. 4. In fact notice as per annexure-A is not in accordance with the provisions the Public Premises (Eviction of Unauthorised Occupants) Act, and hence this memo conceding the said fact and to allow the petition with liberty to take action/recourse under the Act to evict the petitioners and recover damages as per the Act. - 9 - HC-KAR NC: 2026:KHC:6593 WP No. 20955 of 2025 Wherefore, the Respondent pray that this Hon'ble Court be pleased place the memo on record and allow the petition with liberty to this respondent to initiate proceedings under Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974, and recover possession of the public premises in possession of the Petitioners and also recover damages for unauthorised use of the public premises in the interest of justice. 3. The submission of the learned counsel for Respondent No.1 that necessary action would be taken in terms of Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 is placed on record. 4. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed. ii) A certiorari is issued. Notice bearing No.HUNASA.R1.CR.01/2024-25 dated 28.2.2025 issued by Respondent No.1 at Annexure-A is quashed. - 10 - HC-KAR NC: 2026:KHC:6593 WP No. 20955 of 2025 iii) Liberty is reserved to Respondent No.1 to take such proceedings under the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 as may be permissible under law. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 52