- 1 - HC-KAR NC: 2026:KHC:13719 WP No. 5986 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5986 OF 2026 (GM-PP) BETWEEN: SRI SHIVAKUMAR G S/O LATE GOVINDAPPA AGED ABOUT 46 YEARS R/AT. NO.9, 12TH CROSS SAMPANGIRAMANAGAR BENGALURU - 560 072. …PETITIONER (BY SRI C.M. RAJANEESH, ADV.) AND: 1. KARNATAKA STATE CO OPERATIVE HANDLOOM WEAVERS FEDERATION LTD (CAUVERY HANDLOOMS) A REGISTERED CO-OPERATIVE FEDERATION REGISTERED UNDER THE PROVISIONS OF THE CO-OPERATIVE SOCIETIES ACT, 1959 NO.203,204, 8TH CROSS, 4TH MAIN SAMPANGIRAMANAGAR BENGALURU - 560 072 REP. BY ITS MANAGIND DIRECTOR. 2. THE JOINT DIRECTOR DEPARTMENT OF HANDLOOMS AND TEXTILES SOUTH ZONE BENGALURU AND THE AUTHORIZED OFFICER, WITH RESPECT TO THE PUBLIC PREMISES OF THE KARNATAKA STATE CO-OPERATIVE HANDLOOM WEAVERS FEDERATION LTD. AT BENGALURU ASVNV BHAVAN, K.G. ROAD BENGALURU - 560 009. …RESPONDENTS (BY SRI VENUGOPALA S, ADV., FOR R-1; SRI ADITYA DIWAKARA, AGA FOR R-2) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13719 WP No. 5986 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DT.02.02.2026 TS M.A. 14/2025 PASSED BY THE HON'BLE XL ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCCH NO.41), DISMISSING THE APPEAL FILED U/SEC. 10 OF THE KARNATAKA PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANT) ACT, 1971 VIDE ANNEXURE- A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER 1. Captioned petition is by a chronic defaulter tenant assailing the concurrent orders of the authorities, wherein the authorized officer on enquiry has passed an order under Section 5(1) of the Karnataka Public Premises (Eviction of Unauthorized Occupants), Act, 1974 ( for short, 'the Act of 1974) calling upon the petitioner to forthwith handover the vacant possession of the premises. The said order is affirmed in M.A.No.14/2025. 2. Heard the learned counsel appearing for the petitioner. Perused the records. - 3 - HC-KAR NC: 2026:KHC:13719 WP No. 5986 of 2026 3. Respondent No.1 appointed an Estate Officer to conduct an enquiry and to take steps for securing possession of the leased premises from the petitioner– tenant. Pursuant to the said enquiry, the Assistant Officer passed an order under Section 5(1) of the Act of 1974 directing the petitioner to hand over possession of the premises. The said order was challenged before the Appellate Authority, which has affirmed the order passed by the Estate Officer. 4. Learned counsel for the petitioner, reiterating the grounds urged in the writ petition, vehemently contended that the order passed by the Estate Officer is in violation of the principles of natural justice. The primary grievance of the petitioner is that no reasonable opportunity was afforded before passing the impugned order and that the Estate Officer lacked the competence to conduct the enquiry. On these grounds, it is contended that the concurrent orders passed by the authorities suffer from serious legal infirmities and therefore warrant - 4 - HC-KAR NC: 2026:KHC:13719 WP No. 5986 of 2026 interference by this Court under Article 226 of the Constitution of India. 5. On a repeated query by this Court to the learned counsel for the petitioner with regard to the nature of tenancy, the agreed rate of rent and the arrears, learned counsel submitted that there are no arrears payable by the petitioner. He would further contend that the arrears determined by the Estate Officer and affirmed by the Appellate Authority to the tune of 25,10,102/- are wholly without basis and therefore seek indulgence of this Court. 6. On examination of the findings recorded by the Appellate Authority while declining to entertain the petitioner’s appeal under Section 10 of the Act of 1974, this Court finds that the Appellate Authority has specifically adverted to the outstanding dues payable by the petitioner. The material on record discloses a rather disturbing state of affairs relating to occupation of a public - 5 - HC-KAR NC: 2026:KHC:13719 WP No. 5986 of 2026 property. The premises in question was leased out to the petitioner on a monthly tenancy and the petitioner has been in occupation of the said premises since the year 2009. However, the records further reveal that the petitioner has remained a chronic defaulter in payment of rent from April 2016 till 2024. The arrears of rent, as determined by the competent authority and affirmed by the Appellate Authority, amount to 25,10,102/-. It is in this backdrop that this Court is not inclined to examine the grounds urged in the writ petition, as the conduct of the petitioner itself disentitles him from seeking discretionary relief under Article 226 of the Constitution of India. 7. It is also not in dispute that the lease in favour of the petitioner was purely on a monthly tenancy. Despite such a limited right, the petitioner has continued to squat over the public property since 2016 without discharging his obligation to pay the agreed rent. The facts of the case also reflect considerable laxity on the part of the authorities in not initiating appropriate action at the - 6 - HC-KAR NC: 2026:KHC:13719 WP No. 5986 of 2026 earliest point of time. A long rope appears to have been given to the petitioner, who has continued to enjoy the benefit of occupying a public property for several years without accounting for the lawful rent payable to the first respondent. Having regard to the fact that the petitioner is found to be a chronic defaulter since April 2016 and also bearing in mind that the lease itself was only on a month- to-month basis, this Court is of the view that the concurrent orders passed by the competent authority as well as the Appellate Authority do not suffer from any infirmity warranting interference at the hands of this Court in exercise of its writ jurisdiction. 8. Writ petition is devoid of merits. Accordingly, stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NMS List No.: 1 Sl No.: 11