Disposed

Royal Education Society v. the Chief Secretary

Karnataka HC15 Feb 2021WA/566/2020

Case brief

AI extract

What is this about?

This single-judge High Court disposed of a writ appeal filed against an order under the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act. The Bench granted the appellant-school an extension until 31 May 2021 to vacate the premises, conditioned upon filing an affidavit of undertaking, and ignored the delay in filing the appeal.

What did the court decide?

Extended time until 31.05.2021 to vacate premises if affidavit of undertaking is filed; ignored 32-day delay in filing appeal.

Royal Education Society Vs the Chief Secretary — Property and Title | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 15^TH DAY OF FEBRUARY, 2021

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PRESENT

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THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA

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AND

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THE HON’BLE MRS. JUSTICE M.G. UMA

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WRIT APPEAL No.566/2020 (GM-PP)

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BETWEEN:

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ROYAL EDUCATION SOCIETY OLD EXHIBITION BUILDING MYSORE CITY - 570 024 REP. BY ITS SECRETARY SRI RIYAZ AHMED .B SECRETARY. ... APPELLANT

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(BY SRI NAVEED AHMED, ADVOCATE)

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AND:

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THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA

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BANGALORE - 560 001.

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THE PRINCIPAL

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GOVT. MEDICAL COLLEGE, MYSORE CITY,

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MYSORE - 570 024.

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THE COMPETENT OFFICER UNDER KPP ACT AND

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ADDL. DEPUTY COMMISSIONER MYSORE - 570 024. ... RESPONDENTS

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(BY SRI C.N. MAHADESHWARAN, ADDITIONAL GOVERNMENT ADVOCATE FOR R-1 TO R-3)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 21/01/2020 IN

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W.P.NO.44462/2012 (GM-PP) AND ALLOW THE WRIT PETITION AS PRAYED.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-

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J U D G M E N T

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Though this appeal is listed for orders, with the consent of learned counsel on both sides, it is heard finally.

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The legality and correctness of the order dated 21/01/2020, passed in W.P.No.44462/2012 is called in question by the writ petitioner who filed the aforesaid writ petition.

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On hearing learned counsel for the appellant, on 04/02/2021, notice was issued to the respondent only for the purpose of ascertaining as to how much time could be given to the appellant to shift from the premises concerned. This was because, the appellant is running a school on the premises concerned and the appellant has been ordered to be evicted under the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (hereinafter referred to as "the Act" for short).

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Learned counsel for the appellant and learned Additional Government Advocate appearing for the respondents had taken time to get instructions in the matter.

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Today (15/02/2021), appellant's counsel submitted that if time is granted till 31/05/2021, the appellant would vacate from the schedule premises and handover vacant possession of the same to respondent No.3. He submitted that since the appellant is running a school in the suit schedule premises, time is sought and the same may be considered and granted.

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Learned Additional Government Advocate appearing for the respondent submitted that already in the year 1997 i.e., on 13/03/1997, the competent Authority had directed the appellant to vacate and handover vacant possession of the premises and that time may not be granted to the appellant herein.

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However, we find that since the appellant is running a school and the academic year is still on, interest of justice would be subserved if time is extended till 31/05/2021 to vacate and handover vacant possession of the schedule premises to respondent No.3/Authority. In

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order to ensure that the aforesaid direction is complied with, the appellant to file an affidavit of undertaking to that effect within a period of two weeks from today . If no affidavit is filed then respondent No.3/authority may take steps to take possession immediately.

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It is needless to observe that till 31/05/2021 , the respondent/Authority shall not take any precipitative action pursuant to the order of the learned single Judge if the affidavit is filed by the respondent.

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In view of the aforesaid discussion, the appeal

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stands disposed.

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In view of the disposal of the appeal in the aforesaid terms, delay of 32 days in filing the appeal is ignored and hence, I.A.Nos.1/2021 and 1/2020 stand disposed .

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Sd/JUDGE

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Sd/JUDGE

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Royal Education Society v. the Chief Secretary

Case brief

What is this about?

What did the court decide?

Royal Education Society v. the Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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