Dismissed¶34

Competent Officer and Chief Officer v. Sri.Vishnu S/O Narayan Naik

Karnataka HC24 Apr 2025WP/114275/2019

Case brief

AI extract

What is this about?

Public premises eviction damages; Karnataka Public Premises Eviction of Unauthorized Act, 1974 S. 4(1) notice; Rule 7, KPP (Eviction of Unauthorized Occupants) Rules, 1980 damage-assessment parameters not followed; remand order of Prl. District and Sessions Judge, Uttara Kannada (Misc. Appeal No.36/2017) affirmed by High Court of Karnataka, Dharwad Bench; writ petition by Town Municipal Council, Kumta dismissed; former lessee Vishnu s/o Narayan Naik; damages figure Rs.2,98,561/- left for reassessment; expedited disposal direction to Competent Officer.

What did the court decide?

None to the petitioner; the writ petition was dismissed, with a direction to the Competent Officer to take the remanded matter on board and dispose of it expeditiously while adhering to Rule 7. ¶34

Competent Officer and Chief Officer Vs Sri.Vishnu… — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC-D:6794 WP No. 114275 of 2019

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 24^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI

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WRIT PETITION NO. 114275 OF 2019 (GM-PP)

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BETWEEN:

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COMPETENT OFFICER AND CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, KUMTA, DIST: UTTARA KANNADA-581 343.

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…PETITIONER

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(BY SRI. H.R.DESHPANDE., ADVOCATE)

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AND:

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SRI. VISHNU S/O NARAYAN NAIK. AGE: 47 YEARS, OCC: BUSINESS, R/O: HALE HERAWATTA, KUMTA, DIST: UTTARA KANNADA-581 343.

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…RESPONDENT

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(BY SRI. A.P.HEGDE JANAMANE., ADVOCATE)

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Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.H.R.Deshpande., counsel for the petitioner and Sri.A.P.Hegde Janamane., counsel for the respondent have appeared in person.

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NC: 2025:KHC-D:6794 WP No. 114275 of 2019

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The respondent was a lessee of public premises. After the completion of the lease period, he voluntarily surrendered the possession of the premises to the petitioner.

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As things stood thus, a notice under Section 4(1) of the Karnataka Public Premises Eviction of Unauthorized Act, 1974 on 08.09.2016. The respondent suitably replied to the notice on 03.10.2016. The Competent Officer and the Chief Officer of the Town Municipal Council, Kumta, District Uttara Kannada, Karwar passed the order on 20.04.2017 and directed the respondent to pay damages in a sum of Rs.2,98,561/-. The respondent assailed order of the Competent Officer before the Prl. District and Sessions Judge, Uttara Kannada, Karwar in Misc. Appeal No.36/2017. The Court vide order dated:22.02.2019 remitted the matter to the Competent Officer. Under these circumstances, the petitioner is before this Court.

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Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care.

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NC: 2025:KHC-D:6794 WP No. 114275 of 2019

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Suffice it to note that after the completion of the lease period, the respondent surrendered the possession of the public premises to the petitioner. The short controversy is about the direction to pay the damages and the remand of the matter to the Competent Officer. The order passed by the Competent Officer is furnished along with the Writ Petition and the same is marked as Annexure-G. I have perused the same minutely. The assessment of the damages is not in consonance with Rule 7 of KPP (Eviction of Unauthorized Occupants) Rules, 1980. Needless to say, the parameters set down in Rule 7 are not adhered by the Competent Officer. In my view, the remand order is just and proper. Hence, I find no grounds to interfere with the order passed by the District Court. The Writ Petition is devoid of merits and it is dismissed.

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The District Court passed the remand order in 2019, now we are in the month of April 2025. The Writ Petition was pending before this Court for almost six years and in view of the disposal of the Writ Petition, this Court deems it proper to direct to Competent Officer to take the case on board and dispose of the same as expeditiously as possible. The Competent Officer is directed to adhere to Rule 7 of the

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NC: 2025:KHC-D:6794 WP No. 114275 of 2019

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Karnataka Public Premises Eviction of Unauthorized Occupants

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Act, 1980.

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