- 1 - HC-KAR NC: 2026:KHC:2245-DB WP No. 22934 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO. 22934 OF 2025 (GM-RES) BETWEEN: 1. A.S. SRINIVASAN PROPRIETOR AGED ABOUT 86 YEARS M/S BHARAT CARBON COMPANY C-69, II STAGE PEENYA INDUSTRIAL ESTATE BENGALURU - 560 058 RESIDING AT: C/O MR. A.S. MOHAN NO.110/A, "MYTRI ENCLAVE" 6TH MAIN, NANDAKUMAR LAYOUT RAMANJANEYA NAGARA BENGALURU - 560 061 …PETITIONER (BY SRI B.B.PATIL, AMICUS CURIAE FOR SRI A.S. SRINIVASAN, PARTY-IN-PERSON/PETITIONER [VIDE ORDER DATED 01.12.2025]) AND: 1. THE KARNATAKA STATE SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2245-DB WP No. 22934 of 2025 ADMINISTRATIVE OFFICE BUILDING INDUSTRIAL ESTATE RAJAJINAGAR BENGALURU - 560 044 REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA AS THE ORDER OF THE HON'BLE DIVISION BENCH DATED 22-09-1988 PASSED IN WA No.1411 OF 1986 FAVOURING THE KSSIDC LTD., WHO ACTED IN VIOLATION OF THE LEASE-CUM-SALE AGREEMENT DATED 08-12-1981 UNDER WHICH THE RULE OF LAW SHOULD HAVE PREVAILED, INFRINGING THE FUNDAMENTAL RIGHTS OF THE PETITIONER GUARANTEED UNDER ARTICLES 14, 19(1)(g) AND 21 OF THE CONSTITUTION OF INDIA AS WELL AS THE PETITIONER'S CONSTITUTIONAL RIGHT UNDER ARTICLE 300A AND HIS JUSTICIABLE RIGHT UNDER ARTICLE 301 OF THE CONSTITUTION OF INDIA AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:2245-DB WP No. 22934 of 2025 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present writ petition has been filed by the petitioner, who appears in person. As the petitioner is appearing in person, we had requested the learned counsel, Mr. B.B. Patil to assist the Court as Amicus. The learned Amicus has painstakingly gone through the records of the Writ Appeal No.1411/1986 and Review Petition No.160/2024 and assisted the Court effectively. 2. The learned Amicus has drawn our attention to the judgment passed on 22.09.1988 in Writ Appeal No.1411/1986, which would read as under: "It is not necessary to state the facts as the learned counsel for the parties are agreed : (a) That an amount of Rs.30,000/- shall be paid by the appellant to the respondent on or before 15th October 1988; (b) That thereafter by the 5th of every month starting from December 1988 an - 4 - HC-KAR NC: 2026:KHC:2245-DB WP No. 22934 of 2025 amount of Rs.5,000/- shall be paid towards arrears till full payment is made, and (c) that in the event of default of clause (b), the respondent shall be entitled to immediately lock the premises, and the appellant would not raise this objection that under clause 17 of the agreement possession could be taken only by resorting to the provisions of Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 or in accordance with law. 2. In view of what is stated by the learned counsel for the parties, we modify the order of the learned Single Judge as follows: (i) That if an amount of Rs.30,000/- is paid on or before 15th October 1988, then the respondent shall open the lock and deliver possession of the premises to the appellant; (ii) That the appellant shall pay an amount Rs.5,000/- by the 5th of every month starting from December 1988 till the entire amount of arrears is paid; and (iii) That in the event of default of any one single instalment, the respondent shall be entitled to lock the premises as has been agreed to by the appellant, who is present in Court and on whose instructions the aforesaid statement has been made by the learned counsel for the appellant. - 5 - HC-KAR NC: 2026:KHC:2245-DB WP No. 22934 of 2025 3. With these observations, the appeal stands disposed of without any order as to costs." 3. Review Petition No.160/2024 seeking review of the judgment and order dated 22.09.1988 passed in Writ Appeal No.1411/1986 came to be filed by the petitioner in the year 2024. 4. A Co-ordinate Bench of this Court, taking note of the fact that the review petition has been filed seeking review of the judgment and order dated 22.09.1988 passed in Writ Appeal No.1411/1986 filed by the petitioner, dismissed the review petition on the ground of delay of 12,945 days. 5. Learned Amicus submits that in view of the judgment of the Constitution Bench in the case of RUPA ASHOK HURRA vs ASHOK HURRA AND ANOTHER ([2002] 4 SCC 388) as well as the judgment of this Court dated 20.08.2025 passed in Writ Petition No.40367/2014, the writ petition would not be maintainable against a judicial order of the High Court or the Supreme Court, as the case may be. He further submits that the exceptions carved out in the judgment in RUPA ASHOK HURRA (supra) would not be applicable in the facts of the - 6 - HC-KAR NC: 2026:KHC:2245-DB WP No. 22934 of 2025 present case. No fraud was played with the petitioner neither it is the case of the petitioner. It was the petitioner who filed the writ appeal and the review petition. Therefore, the orders were not passed ex parte. 6. We have gone through the pleadings and the order passed by the Co-ordinate Bench in Review Petition No.160/2024. We respectfully agree with the submissions of the learned Amicus and therefore, we dismiss this writ petition, however, without costs. 7. We place on record our appreciation for the efforts taken by the learned Amicus, Mr. B.B. Patil. In view of dismissal of the writ petition, pending IAs, if any, do not survive for consideration and accordingly, they stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE BKV, List No.: 1 Sl No.: 9