Sree Banagiri Varasiddivinayaka ... vs Bengaluru Metropolitan Task Force ... on 27 October, 2025

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Karnataka High Court

Sree Banagiri Varasiddivinayaka ... vs Bengaluru Metropolitan Task Force ... on 27 October, 2025

Bench: Suraj Govindaraj

                                                 -1-
                                                              NC: 2025:KHC:43408
                                                           WP No. 20113 of 2025


                    HC-KAR




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 27TH DAY OF OCTOBER, 2025

                                              BEFORE
                        THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
                    WRIT PETITION NO. 20113 OF 2025 (GM-POLICE)
                   BETWEEN:

                   SREE BANAGIRI VARASIDDIVINAYAKA
                   MANDALI TRUST, (REGISTERED),
                   NO. 301, DHARANI, 100 FT. ROAD, 7TH BLOCK, BSK III
                   STAGE, IV PHASE,
                   BENGALURU-560 085.
                   REP. BY ITS SECRETARY
                   P. ANANDA,
                   REG. UNDER THE CHARITABLE AND RELIGIOUS
                   TRUST ACT, 1920.
                                                                        ...PETITIONER
                   (BY SMT. R PUSHPAHASA, ADVOCATE)

                   AND:

                   1.   BENGALURU METROPOLITAN TASK
                        FORCE (BMTF),
Digitally signed        1ST FLOOR, BBMP HEAD OFFICE,
by SHWETHA              NR ROAD, SAMPANGI RAMA NAGAR,
RAGHAVENDRA
                        BENGALURU-560 002,
Location: HIGH
COURT OF                REP. BY ITS COMMISSIONER.
KARNATAKA
                   2.   ADDITIONAL DIRECTOR GENERAL OF POLICE,
                        BENGALURU METROPOLITAN TASK
                        FORCE (BMTF),
                        1ST FLOOR, BBMP HEAD OFFICE, NR ROAD, SAMPANGI
                        RAMA NGAR, BENGALURU-560 002.
                   3.   POLICE SUB INSPECTOR,
                        BENGALURU METROPOLITAN TASK
                        FORCE (BMTF),
                        1ST FLOOR, BBMP HEAD OFFICE, NR ROAD, SAMPANGI
                        RAMA NAGAR, BENGALURU-560 002.
                                    -2-
                                                    NC: 2025:KHC:43408
                                               WP No. 20113 of 2025


 HC-KAR



4.   BRUHATH BANGALORE MAHANAGARA PALIKE,
     HUDSON CIRCLE, BANGALORE-560 002,
     REP. BY ITS COMMISSIONER.
                                            ...RESPONDENTS
(BY SRI SIDDARTH BABURAO, AGA FOR R-2 & R-3
    (MA NOT FILED);
     SRI N R JAGADEESHWARA, ADVOCATE FOR R-4)

     THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO A) QUASH THE POLICE
NOTICE DATED 20.5.2025, NO. ADGP/BMTF/PETITION/372/2025,
ISSUED BY THE 3RD RESPONDENT ANNEXURE-G ETC

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ


                           ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs;

a. "The petitioner prays that the Hon'ble court may be pleased to issue a writ of certiorari and Quash the Police Notice dated 20.5.2025. No. ADGP BMTF/PETITION/372/2025, issued by the 3rd respondent, Annexure G;

b. Issue any other writ, order or directions to the respondents from interfering with the petitioner's possession and enjoyment of the schedule property and from conducting pooja in the temples and other related activities and purposes in accordance with the purpose and intention of the petitioner trust. c. Allow this writ petition with costs. d. Grant such other relief/s that this Hon'ble Court deems fit necessary to be granted under the circumstances of the case in the interests of justice and equity."

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NC: 2025:KHC:43408 WP No. 20113 of 2025 HC-KAR

2. The grievance of the petitioner is that respondent No.1-BMTF called upon the petitioner to vacate the premises in Sy.No.17/1 situated at No.165, Municipal No.126/1, P.I.D.No.56-276-126/1, U Block Bavani HBCS, Kathriguppe, Banashankari III Stage, Bengaluru.

3. The submission of learned counsel for the petitioner is that BMTF by itself does not have any power to seek for eviction of the petitioner and BMTF would not have any jurisdiction to do so. In this regard he relies upon the decision of this Court order dated 09.01.2025 in WP No.12890/2021 in M/s. Grand Vault Enterprises vs. State of Karnataka & Another.

4. It is clear from the above decision that the BMTF cannot by itself seek for eviction of any unauthorized occupancy over the BMMP mansion. It is for the Bruhat Bengaluru Mahanagara Palike (BBMP), now the Greater Bengaluru Authority (GBA) to initiate -4- NC: 2025:KHC:43408 WP No. 20113 of 2025 HC-KAR such action in accordance with law, as is permissible and BMTF cannot act as an enforcing authority to evict even authorized documents.

5. In that view of the matter, I pass the following;

ORDER i. The writ petition is allowed. ii. A certiorari is issued, notice dated 20.5.2025 issued by respondent No.3 in No.ADGP/BMTF/ PETITION/372/2025 at Annexure-G is quashed. iii. Liberty is however reserved to respondents No.4 to take such action against the petitioner as is permissible in accordance with law.

SD/-

(SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 59

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