- 1 - HC-KAR NC: 2026:KHC:19406 WP No. 27120 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 27120 OF 2024 (GM-PP) BETWEEN: SRI NARAYANASWAMY S/O LATE MUNIYAPPA, AGED ABOUT 51 YEARS, R/AT NO.800/A, MALURU, KOLAR DISTRICT – 560 045 …PETITIONER (BY SRI. SAGAR V SHASTRI, ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY TO MINISTRY OF RAILWAYS, NO.256-A, RAISINA ROAD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI - 110 001 2. SOUTH WESTERN RAILWAY BENGALURU REP. BY ITS DIVISION RAILWAY MANAGER BENGALURU DIVISION BENGALURU -560 023 3. ESTATE OFFICER SOUTH WESTERN RAILWAY BENGALURU DIVISION Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19406 WP No. 27120 of 2024 BENGALURU -560 023 …RESPONDENTS (BY SRI. SHIVAKUMAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROCEEDINGS INITIATED BY R-3 IN NO. E.R.L.CASE.NO. 12/2024/MALURU (KM.313/200-400) DATED: 12.07.2024 AS PER THE ANNEXURE-N AS IT IS WITHOUT JURISDICTION, AUTHORITY OF LAW AND VOID ABINITIO. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: i) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the proceedings initiated by Respondent No.3 in No.E.R.L. Case No. 12/2024/ MALURU (Km.313/200- 400) dated 12.07.2024 as per the Annexure-N as it is without jurisdiction, authority of law and void abinitio. ii) Issue a writ of Prohibition prohibiting the respondents from proceeding further pursuant to the proceedings initiated by Respondent No.3 in No. E.R.L. Case No. - 3 - HC-KAR NC: 2026:KHC:19406 WP No. 27120 of 2024 12/2024/MALURU (Km.313/200-400) dated 12.07.2024 as per the Annexure-N. iii) Issue any other writ or order or direction that deems fit to grant in the circumstances of the case in the interest of justice and equity.” 2. The case of the petitioner is that the petitioner and his brothers are the owners of the land in Sy.No.245/1, 245/2 and 243/2 of Maluru town, Kasaba Hobli, Kolar District, total measuring 1 acer 17 guntas. It is the case that the property was purchased by the father of the petitioner from one Seetharamaiah vide registered sale deed dated 16.02.1962 and also it is stated that how the vendor has purchased the property. The name of the petitioner's father is mutated in the revenue records, later, the petitioner father died on 18.08.2015 intestate and the land devolved upon the petitioner and his brothers. It is stated that the Government of Mysore issued a notification dated 31.10.1968 stating that the lands in the Schedule (which include Survey No.245) was likely to be needed for public purpose for formation of approach road to railway over bridge under Section 5-A(2) and 1-A(a) of the Land Acquisition Act, 1984( Central Act 1 of 1891) as amended by Mysore Act, 17 of 1951. However, no action or development - 4 - HC-KAR NC: 2026:KHC:19406 WP No. 27120 of 2024 had taken place and the petitioner's family is in continuous possession of the land for more than 60 years and they have been cultivating Mint leaves and other vegetables all along. 3. While this being so, the respondent No.3 initiated the proceedings under Section 4 of the Public Premises (Eviction of Unauthorized occupants Act) Act 1971, that the land in question is treated as unauthorized occupation and hence called upon the petitioner to show cause as to why eviction should not be initiated. 4. It is stated that on receipt of the said notice, the petitioner has filed a detailed objection along with the documents on 02.08.2024. However, respondent No.3 has not issued any endorsement or reply to said objections. Hence, the petitioner as there is a threat of dispossession petitioner has come before this Court by filing the instant writ petition. The Co-ordinate Bench of this Court has granted an interim order on 01.10.2024 as prayed for till the next date of hearing and that interim order is extended from time to time. - 5 - HC-KAR NC: 2026:KHC:19406 WP No. 27120 of 2024 5. Learned counsel appearing for the petitioner submits that the petitioner's father has purchased the property by way of a registered sale deed and ever since they have been in possession of the property and the respondents have no authority/jurisdiction to issue a show cause notice under the Public Premises Act. It is submitted that when the respondents have tried to disposes the petitioner, the petitioner is constrained to approach this Court and learned counsel has argued on the merits of the matter. 6. Learned counsel appearing for the respondent submits that it is a show cause notice and it is always open to the petitioner to reply to the same and after considering the petitioner's reply and all the relevant documents they will pass appropriate orders. It is a premature writ petition and on a show cause notice the present writ petition cannot be entertained. It is further submitted that as long as the proceedings are pending before the respondents until they pass final order, they will not interfere with the possession of the petitioners. - 6 - HC-KAR NC: 2026:KHC:19406 WP No. 27120 of 2024 7. Having heard the learned counsels on either side, perused the entire material on record. The proceedings that are impugned before this Court is a show cause notice. When a show cause notice is issued to the petitioner, the petitioner ought to have replied to the same and if any order is passed by the respondent, he could have assailed the same before this Court. As rightly argued by the learned counsel appearing for the respondent, the petition is a premature writ petition and the same cannot be entertained. The petitioner has sought for a writ of prohibition. A writ of prohibition do not lie and the prayer as sought for by the petitioner cannot be granted. 8. Considering, the fact that this is a show cause notice, protecting the interests of the petitioner as it is submitted by the respondent that they will not be taking any further steps till the final order is passed. This court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to submit his reply to the Show Cause Notice dated 12.07.2024 issued by respondent No.3 in E.R.L. case - 7 - HC-KAR NC: 2026:KHC:19406 WP No. 27120 of 2024 No.12/2024/MALURU and the respondent shall pass orders in accordance with law. ii. Till an order is passed by the respondent, no coercive step shall be taken. iii. All pending I.As if any, in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 42