Sri. Nagaraj. H. S. v. the Commissioner

Karnataka HC7 Nov 2025WP/24234/2024

Case brief

AI extract

What is this about?

Alternative remedy / statutory appeal bar to Article 226 writ petition; disputed questions of fact not for writ jurisdiction; Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974 Section 5(1); BDA Competent Authority eviction order dated 12.10.2021; writ disposed with liberty to appeal; 15-day window for filing appeal; expeditious disposal by appellate authority; High Court of Karnataka, D K Singh J and Tara Vitasta Ganju J, 07-11-2025.

What did the court decide?

Liberty to the petitioner to approach the Appellate Authority under the provisions of the Act; if the appeal is filed within fifteen days, the appellate authority to decide it expeditiously in accordance with law. ¶¶36

Sri. Nagaraj. H. S. Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:45168-DB WP No. 24234 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF NOVEMBER, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH AND

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THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

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WRIT PETITION NO. 24234 OF 2024 (KLGP)

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BETWEEN:

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SRI. NAGARAJ. H. S. S/O LATE SRINIVAS SAIT, AGED ABOUT 58 YEARS, R/AT NO 05, 1^ST MAIN ROAD, MARENAHALLI K.P AGARAHARA, BENGALURU - 560040

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…PETITIONER

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(BY SRI. B S MAHENDRA., ADVOCATE)

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AND:

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Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, TCHOWDAIAH ROAD, BENGALURU - 560020

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THE SECRETARY AND COMPETENT AUTHORITY BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T.CHOWDAIAH ROAD, BENGALURU - 560020

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THE ASSISTANT EXECUTIVE ENGINEER, OFFICE AT:KUMARA PARK WEST, T CHOWDAIAH ROAD, BENGALURU - 560020

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NC: 2025:KHC:45168-DB WP No. 24234 of 2024

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HC-KAR

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THE THASILDAR OFFICE:BANGALORE NORTH TALUK BANGALORE-560001.

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…RESPONDENTS

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(BY SRI. ARUNA G.S., HCGP FOR R-4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE AND QUASH ANNEXURE-N ORDER PASSED UNDER SUB SECTION (1) OF SECTION-5 OF THE KARNATAKA PUBLIC PREMISES (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT 1974 DATED 12.10.21 IN RESPECT OF THE SCHEDULE PROPERTY ON SUCH TERMS AND CONDITIONS THAT THIS HON'BLE COURT DEEMS FIT UNDER FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE, ETC.

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

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present writ petition has been filed impugning

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the order dated 12.10.2021 (Annexure-N) passed by the Secretary and Competent Authority, BDA, Bangalore,

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3 - NC: 2025:KHC:45168-DB WP No. 24234 of 2024

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HC-KAR

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under Sub Section (1) of Section 5 of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974 (for brevity 'the Act' ).

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The petitioner has a remedy of statutory appeal against the said order. Instead of filing an appeal, the petitioner has approached this Court under Article 226 of the Constitution of India, raising the disputed questions of fact for determination.

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This Court is not the Appellate Court for appeals against the orders passed by the Competent Authority under the provisions of the Act. The remedy of an appeal is provided under the statute. Therefore, instead of filing this writ petition, the petitioner ought to have approached the Appellate Authority under the Act itself.

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In view thereof, we dispose of this writ petition with liberty to the petitioner to approach the Appellate Authority under the provisions of the Act.

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NC: 2025:KHC:45168-DB WP No. 24234 of 2024

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HC-KAR

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