High Court entertained a writ petition seeking interim protection against eviction. The court ruled that petitioners need not file a fresh petition after rejection of interim relief and granted a stay pending the disposal of their underlying appeal.
Interim stay against eviction granted pending disposal of the statutory appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO. 22922 OF 2021 (GM-PP)
BETWEEN:
ALL ARE RESIDING AT: NO.550, SY.92, HOOTAGALLI VILLAGE, KASABA HOBLI,
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MYSURU TALUK, MYSURU DISTRICT – 570 027.
… PETITIONERS
(BY SRI. G A SRIKANTE GOWDA, ADVOCATE)
AND:
THE EXECUTIVE ENGINEER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (KIADB), MYSURU ZONAL OFFICE, MEETAGALLI, INDUSTRIAL AREA, K.R.S ROAD, MYSURU – 570 016.
… RESPONDENT
(BY SRI. ASHOK N NAIK, ADVOCATE FOR C/R (CP 13032/2021))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE INTERIM APPLICATION FILED FOR GRANT OF STAY TILL FINAL DISPOSAL OF MISCELLANEOUS APPEAL NO.39/2021 VIDE ANNX-G2 IN THE COURT OF 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSORE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The short grievance of the petitioners is against the
issuance of mere notice by the court below when the prayer was for the grant of interim protection during the pendency of his statutory appeal filed under the provisions of Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974; challenge in the said appeal is against the eviction order, needs hardly to be mentioned. After the filing of Writ Petition, petitioners request for interim protection is also
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stated to have been turned down by the learned Judge of the court below.
respondent seeks dismissal of the Writ Petition contending that a fresh cause of action having accrued because of rejection of interim relief petitioners have to frame a new petition; this is bit difficult to countenance; Writ Courts are not meant for asking the citizens to knock their doors again & afresh whenever there is some new development; that is not the purpose for which writ jurisdiction as envisaged by the Makers of our Constitution is vested in the High Courts and Supreme Court.
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In the above circumstances, this writ petition succeeds; the petitioners shall not be evicted from the subject premises if he complies with all the conditions required of him as usual and till after the disposal of appeal and two weeks lapse thereafter.
Learned Principal District Judge is requested to hear & dispose of the appeal preferably within a period of eight weeks on merits; all contentions are kept open.
Costs made easy.
Sd/JUDGE
Snb/
1 issue framed by the court
Whether the High Court should exercise writ jurisdiction to grant interim stay against eviction pending disposal of a statutory appeal.
1 provisions across 1 enactments
Smt. Mariyamma and others
The Executive Engineer, Karnataka Industrial Areas Development Board
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
