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2026 DAILYLAW 6624 (KAR)

SMT. B N POORNIMA v. STATE OF KARNATAKA

WA/26/2026 · 2026-04-27

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23180-DB WA No. 26 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 26 OF 2026 (GM-R/C) BETWEEN: 1. SMT. B.N. POORNIMA W/O JAGADESH AGED ABOUT 42 YEARS RESIDING AT #6/39 ADARSHA NAGARA CHAMARAJAPETE 9TH CROSS, 4TH MAIN BENGALURU - 560 018 …APPELLANT (BY SRI SHUBHANKAR C., ADVOCATE FOR SRI CHANDRAKANTH R. GOULAY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY IT'S UNDER SECRETARY DEPARTMENT REVENUE (DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMNENTS) M.S. BUILDING BENGALURU - 560 001 Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23180-DB WA No. 26 of 2026 2. THE COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS 4TH FLOOR, MINTO SHRI ANAJANEYA BHAVANA ALOOR VENKATA RAO ROAD CHAMARAJPETE BENGLAURU - 560 018 3. THE COMMISSIONER FOR PERSONS WITH DISABILITIES IN KARNATAKA NO.55, II FLOOR, ABHAYA SANKEERNA RESALDAR STREET KARNATAKA SLUM DEVELOPMENT BOARD BUILDING BENGALURU - 560 020 …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 25.11.2025 MADE IN W.P. No.12683/2022 PASSED BY THE LEARNED SINGLE JUDGE ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2026:KHC:23180-DB WA No. 26 of 2026 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the application―I.A.No.2/2026, the same are allowed. The delay of 7 days in filing the appeal is condoned. 2. The appellant has filed the present appeal impugning an order dated 25.11.2025, passed by the learned Single Judge of this Court in W.P.No.12683/2022 (GM-R/C) [impugned order]. 3. The appellant had filed the said writ petition impugning an order dated 14.01.2022 passed by the State cancelling the appellant's licence for space measuring 15 x 30 feet, vacant land adjacent to Kalyana Mantapa of Sri Rameshwara Swamy Temple, Chamarajapete, Bengaluru City. 4. A plain reading of the said order indicates that the said space was located at the setback area adjacent to kalyana mantapa and as per the zoning regulations, the said land could not be used for constructing any building. 5. In the aforesaid context, the appellant had also requested for grant of the space at the rear of the Kalyana Mantapa for running a - 4 - HC-KAR NC: 2026:KHC:23180-DB WA No. 26 of 2026 canteen. The appellant also relied on an endorsement dated 14.02.2022 issued by the Medical Officer of Chamarajpet, Bruhat Bengaluru Mahanagara Palike [BBMP], recommending the same. 6. Since there is no dispute that no construction can be raised on the set back area, the order dated 14.01.2022 cancelling the grant cannot be faulted. 7. We also note that the learned Single Judge dismissed the writ petition on the ground that there is no provision for permitting lease of premises belonging to respondent No.2, without a public auction. We find no infirmity with the said view as well. 8. The appeal is unmerited, and the same is accordingly dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KMV List No.: 2 Sl No.: 18