Dismissed¶36

Sri Vinayaka Housing Co. Operative Society Limited v. the Commissioner

Karnataka HC3 Feb 2026WA/1496/2024

Case brief

AI extract

What is this about?

Karnataka Public Premises (Eviction of Unauthorised Occupants) Act 1974; Section 4(1) eviction notice dated 20.03.2007; unauthorised occupant after expiry of 30-year lease (1976–2006); Bangalore Mahanagara Palike; Vinayaka Housing Co-operative Society Limited; WA No. 1496 of 2024 (LB-BMP); writ appeal under Section 4, Karnataka High Court Act; M.A. No.33/2011, XIV Additional City Civil Judge Bengaluru (CCH-28); Single Judge order dated 06.08.2024 in W.P No.64693/2016 upheld; appeal dismissed; pending IAs disposed.

What did the court decide?

The petitioner became an unauthorised occupant of the premises once the lease period of 30 years starting from 1976 got over in the year 2006. ¶36

Sri Vinayaka Housing Co. Operative Society Limited Vs the Commissioner — Karnataka HC (2026) — LawSathi Research

¶1

¶2

NC: 2026:KHC:6029-DB WA No. 1496 of 2024

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF FEBRUARY, 2026

¶5

PRESENT

¶6

THE HON'BLE MR. JUSTICE D K SINGH

¶7

AND

¶8

THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1496 OF 2024 (LB-BMP)

¶9

BETWEEN:

¶10

SRI. VINAYAKA HOUSING CO-OPERATIVE SOCIETY LIMITED HAVING ITS OFFICE AT, NO. 2 11^TH ‘C’ CROSS ROAD, VYALIKAVAL, BENGALURU - 560 003. REPRESENTED BY ITS SECRETARY.

¶11

…APPELLANT

¶12

Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka

¶13

(BY SRI. T S MAHANTESH, ADVOCATE)

¶14

AND:

¶15

THE COMMISSIONER BANGALORE MAHANAGARA PALIKE, N.R.SQUARE BENGALURU – 560 002.

¶16

THE DEPUTY COMMISSIONER (ADMIN) AND COMPETENT OFFICER, BANGALORE MAHANAGARA PALIKE,

¶17

2 - NC: 2026:KHC:6029-DB WA No. 1496 of 2024

¶18

HC-KAR

¶19

N.R.SQUARE, BENGALURU – 560 002.

¶20

…RESPONDENTS

¶21

(BY SRI. H DEVENDRAPPA, ADVOCATE FOR R1 & R2)

¶22

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 06.08.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 64693/2016 (LB-BMP) AND/OR GRANT SUCH OTHER RELIEF OR RELIEFs, PASS SUCH OTHER ORDER OR ORDERS, ISSUE SUCH OTHER DIRECTION OR DIRECTIONS AS THIS HONBLE COURT DEEMS FIT TO GRANT UNDER THE FACTS AND CIRCUMSTANCES OF THE ABOVE CASE AND ETC.,

¶23

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶24

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

¶25

¶26

NC: 2026:KHC:6029-DB WA No. 1496 of 2024

¶27

HC-KAR

¶28

ORAL JUDGMENT

¶29

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

¶30

The present intra-Court appeal has been filed impugning the judgment and order dated 06.08.2024 passed by the learned Single Judge in W.P No.64693/2016 filed by the appellant Society.

¶31

The parties are referred to as per their ranking before the writ Court for the sake of convenience.

¶32

The petitioner had filed the writ petition challenging the order dated 17.08.2016 passed in M.A. No.33/2011 by the XIV Additional City Civil Judge, Bengaluru (CCH-28), whereby the miscellaneous appeal preferred by the petitioner to quash the impugned notice dated 20.03.2007 issued under Section 4(1) of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 was dismissed.

¶33

Admittedly the petitioner's lease in respect of the premises in question got over in the year 2006. Despite the petitioner's lease having got expired, the petitioner

¶34

4 - NC: 2026:KHC:6029-DB WA No. 1496 of 2024

¶35

HC-KAR

¶36

did not vacate the premises in question. The petitioner became unauthorised occupant of the premises once the lease period of 30 years starting from 1976 got over in the year 2006. The prescribed Authority as well as the Appellate Authority have rightly passed the impugned orders which do not require any interference by this Court. We, therefore, dismiss this appeal.

¶37

In view of the dismissal of this writ appeal, pending IA’s, if any, stands disposed of.

¶38

Sd/(D K SINGH) JUDGE

¶39

Sd/(S RACHAIAH) JUDGE

¶40

¶41

List No.: 1 Sl No.: 2

Sri Vinayaka Housing Co. Operative Society Limited v. the Commissioner

Case brief

What is this about?

What did the court decide?

Sri Vinayaka Housing Co. Operative Society Limited v. the Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sri Nanjunda Murthy Vs Sri L Prahalnada Rao

Smt. Sharadamma Vs the Deputy Commissioner

Metmin Investments Holdings Limited Vs Puthucode Vaidyanathan Balasubramanian

Maligamma Vs Karnataka State Road Transport Corporation

Smt Manuja S Vs United India Insurance Co. Ltd.

Sri. K. T. Giriyanna Vs State of Karnataka