Petitioners challenged lease agreements under Articles 226 and 227 of the Constitution regarding a land site leased by the Commissioner against the Mysore Education and Welfare Association. The court held that disputed questions of fact preclude entertaining the petition under Article 226.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 17137 OF 2023 (BDA)
BETWEEN:
S/O LATE NARAYANAPPA, AGED ABOUT 58 YEARS,
Digitally signed by SHARMA ANAND CHAYA
Location: High Court of Karnataka
PETITIONERS NO. 1 TO 8 ARE RESIDING AT NO.125, 2ND MAIN ROAD CHIKKA AUDUGODI, DHARMARAM COLLEGE, BENGALURU - 560 029.
…PETITIONERS
(BY SRI. SHIVARAJU M.K, ADVOCATE)
AND:
KUMARA PARK, BENGALURU - 560 020,
…RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1; SRI. K. KRISHNA, ADVOCATE FOR R2 AND R3; SRI. ABHINAY Y.T, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LEASE AGREEMENT DATED 11.01.1973 VIDE ANNEXURE-E REGISTERED AS DOCUMENT NO.3535/1972-73 REGISTERED IN THE OFFICE OF THE SUB-REGISTRAR, BENGALURU SOUTH TALUK, DULY EXECUTED BY THE R3 IN FAVOUR OF THE R4 ILLEGALLY LEASING OUT THE AFORESAID C.A. SITE IN QUESTION FORMED IN LAND BEARING SY.NO.45/3 MEASURING 2 ACRES 6 GUNTAS OF THAVAREKERE VILLAGE, BEGUR 1 HOBLI, BENGALURU SOUTH TALUK AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
NC: 2024:KHC:50675 WP No. 17137 of 2023
ORAL ORDER
Heard the learned counsel appearing for the parties.
Accordingly, writ petition is dismissed .
SD/(E.S.INDIRESH) JUDGE
List No.: 1 Sl No.: 46
PK
1 issue framed by the court
Whether high court can quash lease agreements by writ petition under Article 226 when disputed questions of fact are involved.
SMT. VARALAKSHMAMMA
ANANTHA
ASHWATH
RAMANJINI
VENKATESH
SRINIVAS
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
