Disposed¶42

Sri. Rajendra Lodha @ Rajendramal Lodha v. City Municipal Council

Karnataka HC10 Sept 2025WP/26536/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 26536 of 2024 (GM-PP); Justice B M Shyam Prasad; decided 10.09.2025. Petitioner Rajendra Lodha vs City Municipal Council Hiriyur and Competent Officer/Estate Officer. Eviction under Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974; Estate Officer order dated 09.05.2017 in Case No. 241/2010-11 (Annexure-G); interim order of 27.09.2024 against dispossession; writ petition disposed of granting time till 31.05.2026 to vacate with monthly rent/fee payment and possession handover by 01.06.2026.

What did the court decide?

Permission to remain in occupation of the subject premises until 31.05.2026, subject to monthly deposit of rent/fee and no further extension, with possession to be handed over by 01.06.2026 with no further proceedings. ¶42

Sri. Rajendra Lodha @ Rajendramal Lodha Vs City… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:35801 WP No. 26536 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26536 OF 2024 (GM-PP)

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BETWEEN:

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SRI. RAJENDRA LODHA @ RAJENDRAMAL LODHA S/O LATE PRAKSHMAL, AGED ABOUT 70 YEARS,

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RAJMOHAN TEXTILES, MAIN ROAD HIRIYUR TOWN,

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CHITRADURGA DISTRICT PIN CODE- 577 598.

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Digitally signed by VANAMALA N

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Location: HIGH COURT OF KARNATAKA

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…PETITIONER

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(BY SRI. SAGAR NAHAR, ADVOCATE FOR SRI. GOUTHAM CHAND S.F, ADVOCATE)

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AND:

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CITY MUNICIPAL COUNCIL HIRIYUR, REPRESENTED BY ITS COMMISSIONER,

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NC: 2025:KHC:35801 WP No. 26536 of 2024

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HC-KAR

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HIRIYUR, CHITRADURGA DISTRICT

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PIN CODE- 577 598.

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THE COMPETENT OFFICER/ ESTATE OFFICER OFFICE OF THE COMMISSIONER, CMC, HIRIYUR PIN CODE- 577 598.

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…RESPONDENTS

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(BY SRI. S. MAHESH, ADVOCATE FOR C/R-1; R-2 - SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT QUASH THE ORDER PASSED BY THE RESPONDENT NO.2 DATED 09.05.2017 IN CASE NO. 241/2010-11 ISSUED BY ESTATE OFFICER, PRODUCED AT ANNEXURE-G, ETC.,

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

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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NC: 2025:KHC:35801 WP No. 26536 of 2024

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HC-KAR

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ORAL ORDER

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The petitioner has called in question the order of the competent authority and the appellate authority under the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974. The only question that is presented for consideration is in the context of the interim order granted by this Court on 27.09.2024 against dispossession subject to the petitioner depositing arrears of rent and stating that he would vacate the premises if reasonable time is granted.

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Sri Sagar Nahar, the learned counsel for the petitioner, submits that this Court may grant a year's time effective from today to the petitioner to vacate and hand over the possession to the respondents, and the petitioner will continue to pay rents till then with no default. Sri. S. Mahesh, the learned counsel for the respondents, submits that the petitioner has

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NC: 2025:KHC:35801 WP No. 26536 of 2024

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HC-KAR

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had the advantage of an order against dispossession for almost a year and that a further year would not be just.

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This Court finds considerable force in this stand, but the petitioner must also be granted time that would be just and reasonable. On a careful consideration and subject to the conditions that the petitioner shall not fail in offering the fee/rent payable and should not seek any further extension, the petitioner must be granted time till 31.05.2026 to vacate and hand over the possession. In the light of the aforesaid, the following:

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ORDER

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The writ petition stands disposed of,

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permitting the petitioner to be in occupation of the subject premises until 31.05.2026, subject to the following conditions:

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NC: 2025:KHC:35801 WP No. 26536 of 2024

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HC-KAR

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