Karnataka High Court
Akhil Ahmed vs The Bangalore Development Authority on 24 April, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:16374
WP No. 11105 of 2024
C/W WP No. 11569 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION No. 11105 OF 2024 (BDA)
C/W
WRIT PETITION No. 11569 OF 2024(BDA)
WP No.11105/2024:
BETWEEN:
M SENTHIL
AGED ABOUT 59 YEARS
S/O MARDAI CHETTIAR
OCCUPATION AT SHOP No.5 GF
AND SHOP No.27GF
HSR BDA COMMERCIAL COMPLEX
BENGALURU - 560 102.
...PETITIONER
(BY SRI SAMPAT ANAND SHETTY, ADVOCATE)
Digitally AND:
signed by
KIRAN
KUMAR R
1. THE BANGALORE DEVELOPMENT AUTHORITY
Location:
HIGH REPRESENTED BY ITS COMMISSIONER
COURT OF
KARNATAKA T CHOWDAIAH ROAD
KUMARA PARK WEST
BENGALURU - 560 020.
2. THE REVENUE OFFICER
EASTERN DIVISION
BANGALORE DEVELOPMENT AUTHORITY
HSR LAY-OUT
HSR BDA COMMERCIAL COMPLEX
BENGALURU - 560 102.
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WP No. 11105 of 2024
C/W WP No. 11569 of 2024
3. THE DEPUTY SECRETARY -4
BANGALORE DEVELOPMENT ATHORITY
T CHOWDAIAH ROAD
KUMARA PARK WEST
BENGALURU - 560 020.
...RESPONDENTS
(BY SRI SACHIN B S, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THAT THE
R-1 BANGALORE DEVELOPMENT AUTHORITY HAS NO LEGAL
AUTHORITY MUCH LESS JURISDICTION TO EVICT THE
PETITIONER HEREIN FROM THE PREMISES BEARING NO. 5 GF
AND 27 GF OF HSR BDA COMMERCIAL COMPLEX WITHOUT
FOLLOWING THE PROCEDURE PRESCRIBED IN LAW AND ETC.
WP No.11569/2024
BETWEEN:
1. AKHIL AHMED
AGED ABOUT 50 YEARS
S/O LATE WASEEQ AHMED
OCCUPATION AT SHOP NO.1 GF
AND SHOP NO.28 FF
HSR BDA COMMERCIAL COMPLEX
BENGALURU 560 102.
2. A B ASLAM PASHA
AGED ABOUT 57 YEARS
S/O K ABDULL BASHEER
OCCUPATION AT SHOP NO.3 GF
HSR BDA COMMERCIAL COMPLEX
BENGALURU 560 102.
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WP No. 11105 of 2024
C/W WP No. 11569 of 2024
3. MOHAMMED SHAFIULLA
AGED ABOUT 80 YEARS
S/O LATE K M ABDUL HAKIM
OCCUPATION AT SHOP NO.6 GF
HSR BDA COMMERCIAL COMPLEX
BENGALURU 560 102.
4. P RADHE SHYAM
AGED ABOUT 57 YEARS
S/O LATE S. PRAKASH KUMAR
OCCUPATION AT SHOP NO.7 GF
HSR BDA COMMERCIAL COMPLEX
BENGALURU 560 102.
5. C. MAHESH
AGED ABOUT 41 YEARS
S/O CHAMARAJU GARVEBHAVIPALYA PAPAYYAREDDY
OCCUPATION AT SHOP NO.8 GF
HSR BDA COMMERCIAL COMPLEX
BENGALURU 560 102.
6. MOHAMED IMRAN SAIT
AGED ABOUT 53 YEARS
S/O MOHAMMED JAFFER SAIT
OCCUPATION AT SHOP NO.9 GF
HSR BDA COMMERCIAL COMPLEX
BENGALURU 560 102.
7. MUNI RAJU K
AGED ABOUT 40 YEARS
S/O DODDA KENCHAPPA
OCCUPATION AT SHOP NO.11 GF
HSR BDA COMMERCIAL COMPLEX
BENGALURU 560 102.
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WP No. 11105 of 2024
C/W WP No. 11569 of 2024
8. P JAYAMARUTHAI
AGED ABOUT 43 YEARS
S/O M PALANIYAPPAN
OCCUPATION AT SHOP NO.13 GF
HSR BDA COMMERCIAL COMPLEX
BENGALURU 560 102.
9. NAGESH R
AGED ABOUT 62 YEARS
S/O LATE RAMAKRISHNAPPA
OCCUPATION AT SHOP NO.14 GF
HSR BDA COMMERCIAL COMPLEX
BENGALURU 560 102.
10 . SUMITRA SHARMA
AGED ABOUT 63 YEARS
W/O RADHE SHAM SHARMA
OCCUPATION AT SHOP NO.15 GF
HSR BDA COMMERCIAL COMPLEX
BENGALURU 560 102.
11 . M PALANIYAPPAN
AGED ABOUT 67 YEARS
S/O M MARUTHAI CHETTAR
OCCUPATION AT SHOP NO.17 GF
HSR BDA COMMERCIAL COMPLEX
BENGALURU 560 102.
12 . P KUMARAVEL
AGED ABOUT 42 YEARS
S/O M PALANIYAPPAN
OCCUPATION AT SHOP NO.24 GF
HSR BDA COMMERCIAL COMPLEX
BENGALURU 560 102.
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WP No. 11105 of 2024
C/W WP No. 11569 of 2024
13 . VINUTHA NATH
AGED ABOUT 51 YEARS
W/O SEETHARAM AMARNATH
OCCUPATION AT SHOP NO.31 FF
HSR BDA COMMERCIAL COMPLEX
BENGALURU 560 102.
14 . HARISH P GOR
AGED ABOUT 61 YEARS
S/O PRABHASHANKAR GOR
OCCUPATION AT SHOP NO.35 FF
HSR BDA COMMERCIAL COMPLEX
BENGALURU 560 102.
...PETITIONERS
(BY SRI SAMPAT ANAND SHETTY, ADVOCATE)
AND:
1. THE BANGALORE DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER
T. CHOWDAIAH ROAD
KUMARA PARK WEST
BENGALURU 560 020.
2. THE REVENUE OFFICER
EASTERN DIVISION
BANGALORE DEVELOPMENT AUTHORITY
HSR LAYOUT
HSR BDA COMMERCIAL COMPLEX
BENGALURU 560 102.
3. THE DEPUTY SECRETARY 4
BANGALORE DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD
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NC: 2024:KHC:16374
WP No. 11105 of 2024
C/W WP No. 11569 of 2024
KUMARA PARK WEST
BENGALURU 560 020.
RESPONDENTS
(BY SRI SACHIN B S, ADVOCATE)
===
THIS WRIT PETITIION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THAT R-1 AUTHORITY HAS NO LEGAL AUTHORITY
MUCH LESS JURISDICTION TO EVICT THE PETITIONERS
HEREIN FROM THE RESPECTIVE SHOP NOs. 1 GF, 3 GF, 6 GF, 7
GF, 8 GF, 9 GF, 11 GF, 13 GF, 14 GF, 15 GF, 17 GF, 24 GF, 28
FF, 31 FF AND 35 FF SITUATED IN HSR BDA COMMERCIAL
COMPLEX, HSR LAY-OUT, BENGALURU WITHOUT FOLLOWING
THE PROCEDURE PRESCRIBED IN LAW AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The prayer in these writ petitions is for a direction that the Bangalore Development Authority has no legal authority to evict the petitioners from the premises leased to them since they are in actual settled possession. They also contend that the resolution dated 27.03.2018 is arbitrary, premature and not binding on the petitioners -7- NC: 2024:KHC:16374 WP No. 11105 of 2024 C/W WP No. 11569 of 2024 insofar as it relates to the commercial complex at HSR Layout.
2. Learned counsel appearing for the Bangalore Development Authority submits that petitioners are essentially licensees and immediately on expiry of their license period, they were issued with a notice on 24.09.2018 calling upon them to hand over possession. He submits that pursuant to the said notice no steps have been taken to dispossess the petitioners, and he submits that a fresh notice will be issued to the petitioners and proceedings for eviction would be initiated.
3. In light of the fact that the petitioners are essentially licensees and since the Bangalore Development Authority has now stated that they will issue fresh notice to initiate proceedings to evict the petitioners from the premises in question the prayers made in the writ petitions would not survive for consideration. The writ petitions are accordingly disposed of directing the Bangalore -8- NC: 2024:KHC:16374 WP No. 11105 of 2024 C/W WP No. 11569 of 2024 Development Authority not to dispossess the petitioners from the premises except in a manner prescribed in law.
Sd/-
JUDGE LRS List No.: 1 Sl No.: 23