IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.31090-31113/2018 (GM-RES) BETWEEN:
1. CHANDRASHEKARA S/O B.T.KARIYAPPA AGE: 46 YEARS R/O. HOUSE NO.57, F.D.A. DEPARTMENT OF EDUCATION 2. S.N.KUMAR S/O LATE NANJEGOWDA AGE: 50 YEARS R/O HOUSE NO.81 PHYSICAL EDUCATION TEACHER 3. PUTTAIAH S/O MOTAIAH AGE: 58 YEARS R/O HOUSE NO.84 ASSISTANT IN THE OFFICE OF BEO 4. YOGESH N.C.
S/O CHIKKASWAMY NAYAKA AGE:43 YEARS R/O HOUSE NO.85 5. SHIVAMMA W/O LATE SANNAMOGAIAH AGE:45 YEARS R/O HOUSE NO.94 ANGANAWADI WORKER 6. SEEMA W/O GIRISH AGE: 40 YEARS R/O HOUSE NO.104 ASSISTANT TEACHER 7. VIJAYA W/O PUTTAIAH AGE: 45 YEARS R/O HOUSE NO.105 ASSISTANT TEACHER 8. RAJAPPA S/O RANGAPPA K. AGE: 50 YEARS R/O HOUSE NO.76 ASSISTANT TEACHER 9. SAKAMMA W/O VAIKUNTAIAH AGE: 45 YEARS R/O HOUSE NO.51 ASSISTANT COOK SOCIAL WELFARE DEPARTMENT 10. PREMAMMA W/O LATE RAMAKRISHNEGOWDA AGE: 46 YEARS R/O HOUSE NO.73 “D” GROUP EMPLOYEE 11. KALYANAPPA S/O LATE SHIVANANJAPPA AGE: 60 YEARS R/O HOUSE NO.72 12. M.S.SHIVAKUMARA S/O SOMACHAR AGE: 52 YEARS R/O HOUSE NO.61 ASSISTANT TEACHER 13. K.M.PUTTASWAMYGOWDA S/O MUDHIGOWDA AGE: 60 YEARS R/O HOUSE NO.60 14. PADMAVATHI S/O NANJAIAH AGE: 45 YEARS R/O HOUSE NO.59 ANGANAWADI WORKER 15. D.C.THIMMEGOWDA S/O LATE CHIKKEGOWDA AGE: 60 YEARS R/O HOUSE NO.98 16. S.R.LAXMISHA S/O RAMEGOWDA AGE: 38 YEARS R/O HOUSE NO.69 ASSISTANT TEACHER 17. SUBBAMMA W/O LATE JAVARASHETTY AGE: 55 YEARS R/O HOUSE NO.65 18. SHIVASHANKARA S/O BETAIAH AGE: 60 YEARS R/O HOUSE NO.63, DRIVER 19. K.B.VISHVANATH S/O BOREGOWDA AGE: 50 YEARS R/O HOUSE NO.68 SERICULTURE DEPARTMENT 20. KALAMMA D/O LATE MALLAIAH AGE: 50 YEARS R/O HOUSE NO.52 ANGANAWADI WORKER 21. B.C.SHARADAMMA W/O LATE SANNACHALUVAIAH AGE: 46 YEARS R/O HOUSE NO.70 ANGANWADI WORKER 22. RAJU S/O SAMBULINGEGOWDA AGE: 60 YEARS R/O HOUSE NO.64 WATCHMEN 23. LAXMAMMA W/O LATE GAVIRANGAIAH AGE: 60 YEARS R/O HOUSE NO.62 24. RAJAMMA W/O NARASIMAIAH AGE: 55 YEARS R/O HOUSE NO.56 ALL ARE RESIDENTS OF NEW HEMAVATHI COLONY HOSAHOLALU ROAD K.R.PETE MANDYA DISTRICT – 571 426 … PETITIONERS (BY SRI MAHESH R.UPPIN, ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF IRRIGATION M.S.BUILDING, AMBEDKAR VEEDHI BANGALORE – 560 001 2. GOVERNMENT FIRST GRADE WOMEN COLLEGE K.R.PETE MANDYA DISTRICT – 571 426 BY ITS PRINCIPAL 3. CAUVERY NEERAVARI NIGAMA LIMITED NO.5, H.L.B.C. SUB-DIVISION KRISHNARAJAPETE MANDYA DISTRICT – 571426 BY ITS MANAGING DIRECTOR 4. ASSISTANT EXECUTIVE ENGINEER CAUVERY NEERAVARI NIGAMA LIMITED NO.5, H.L.B.C. SUB-DIVISION KRISHNARAJAPETE MANDYA DISTRICT – 571 426 … RESPONDENTS (BY SMT.PRATHIMA HONNAPURA, AGA FOR R1 & R2; SRI M.R.C.RAVI, ADVOCATE FOR R3 & R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICES ISSUED BY RESPONDENT NO.4 (ANNEXURES–‘E1’ TO ‘E24’) DATED 25.06.2018 ISSUED TO PETITIONER NOS.1 TO 24 RESPECTIVELY.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Mahesh R.Uppin, learned counsel for the petitioners. Smt. Prathima Honnapura, learned Additional Government Advocate for respondent nos.1 & 2.
Sri M.R.C.Ravi, learned counsel for respondent nos.3 & 4. The petitions are admitted for hearing and with the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioners inter alia have assailed the validity of the impugned notices contained in Annexures-E1 to E24 dated 25.06.2018 by which the petitioners who are tenants in the premises of Cauvery Neeravari Nigama Ltd. have been directed to vacate the premises.
3. When the matter was taken up today, learned counsel for the petitioners submitted that the petitioners are tenants in respect of the premises in question and they cannot be evicted by issuance of notices. It is further submitted that in case the respondents want to evict the petitioners, they have to take recourse under the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (‘the Act’ for short).
4. The aforesaid legal position is not disputed fairly by the learned counsel for the respondents.
5. In view of the aforesaid submissions, the impugned notices contained in Annexures-E1 to E24 are hereby quashed. Even the respondents are granted liberty to take action against the petitioners for their eviction in accordance with the Act.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE hkh.