The Rajatha Complex Tenants Welfare Association (R) v. The State of Karnataka

((((((((((((HC-KAR, NC:(2026:KHC:39460( WP(No.(28006(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010643272023( ( ( (

IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(29 (DAY(OF(JULY,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(M.G.S.(KAMAL(

WRIT(PETITION(NO.(28006(OF(2023((GM-RES)( BETWEEN:(( ( THE,RAJATHA,COMPLEX,TENANTS,, WELFARE,ASSOCIATION,(R), SOCIETY,REGISTERED,UNDER,, KARNATAKA,SOCIETY,REGISTRATION,ACT,1960, NO.812/1,,OCTCD,ROAD,, BANGALORE-560053, REPRESENTED,BY,ITS,SECRETARY,, MR.,PARASMAL,JAIN,, S/O,MOOL,CHAND,, AGED,ABOUT,68,YEARS., , Digitally …PETITIONER,signedtiby BHARATHI0S (BY,SRI.,BIPIN,HEGDE,,ADVOCATE), Location: , HIGH AND:(COURT0OF KARNATAKA (

1., THE,STATE,OF,KARNATAKA, REPRESENTED,BY,ITS,PRINCIPAL,SECRETARY,, REVENUE,DEPARTMENT,, VIKAS,SOUDHA,, BANGALORE-560001., ,

2., SPECIAL,DEPUTY,COMMISSIONER, BANGALORE,URBAN,DISTRICT,, K.G.ROAD,, BANGALORE-560001, ((((((((((((HC-KAR, NC:(2026:KHC:39460( WP(No.(28006(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010643272023( ( ( ,

3., TASILDAR, BANGALORE,NORTH,TALUK,, K.G.ROAD,, BANGALORE-560001, ,

4., THE,EXECUTIVE,ENGINEER, PUBLIC,WORKS,DEPARTMENT,, BUILDING,DIVISION,NO.7,, K.R.,CIRCLE,, BANGALORE-560001, ,

5., UNDER,SECRETARY,GOVERNMENT, REVENUE,DEPARTMENT,, SMT.,VIMALAMMA,C,, (LAND,GRANT-1), ROOM,NO.531,,5TH,FLOOR,, GATE,-2,,M.S.BUILDING,, DR.B.R.AMBEDKAR,VEEDHI., , …RESPONDENTS, (BY,SRI.,MAHANTESH,SHETTAR,,AGA), , , THIS,WP,IS,FILED,UNDER,ARTICLES,226,&,227,OF,THE, CONSTITUTION,OF,INDIA,PRAYING,TO,DIRECTION,QUASHING, THE,ORDER,DATED,19.9.23,PASSED,BY,THE,R5,BEARING,NO., RD.63LGB2022,(ANNEXURE-A), , , THIS, PETITION,, COMING, ON, FOR, FURTHER, HEARING,, THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,M.G.S.,KAMAL, ,

ORAL ORDER

Petitioner is an Association of tenants in respect of certain commercial complex known and called as Rajatha complex, situated at No.812/1, OTC Road, Chickpet Bangalre.

¶2Respondent - State by its order dated

19.09.2023 has sought to cancel the lease which had been granted in favour of the petitioner association as it had expired on 31.05.2021. Further, the respondent - State has indicated the land over which the said complex existing is required for the purpose and usage of Public Education Department of the State.

¶3Learned counsel for the petitioner taking this Court through the records submits that the purpose for which the land being sought by the respondent - State is only a make believe. That the complex is occupied by several tenants for their business purpose which is the only source of their livelihood. That a detailed representation has been made by the petitioner to the

respondent - State as per Annexure - B and no order in this regard has been passed. Therefore, seeks for allowing of the petition.

¶4Learned AGA referring to the statement of objections, submits that by order dated 03.03.2011, the State Government had granted lease in respect of the complex consisting of various shop premises in favour of the tenants on a monthly rent of `4,00,000/- subject to condition of tenants depositing a sum of ₹30,00,000/- for repair of the building and other conditions set out in the order and the said lease was for a period of 10 years. That the grounds urged in the petition requiring allotment of the lease in a public auction, and fixation of fair rent by the State had not been urged any time earlier.

¶5The present impugned communication has been issued in the light of a requisition being received by the Headmaster of Govt. High School, Chickpet, Bangalore, seeking space for its expansion. It is in this larger interest and also in the light of respondent government incurring

huge financial loss in maintaining the building in question, the impugned communication has been issued. Hence, seeks for dismissal of petition.

¶6Heard and perused the records.

¶7There is no dispute of the fact that the tenants who are the members of the petitioner's association are in occupation of the subject complex having been inducted in terms of lease agreement. Though admittedly lease has expired, the process of eviction in accordance with law cannot be circumvented.

¶8The purpose of eviction being sought by the respondent - State, is for accommodating the land over which the said complex existing, for the purpose of a school.

¶9In the light of grounds urged in the petition and the contents of the representation, as per Annexure-B this Court deems it appropriate to direct the respondent - State to consider the said representation and pass appropriate order and if required after giving personal

hearing to the members of the petitioner. Such consideration and order shall be passed within an outer limit of 3 months from the date of receipt of certified copy of this order.

¶10It is further clarified any action to be taken thereafter by the respondent's government shall be strictly in accordance with law.

¶11All contentions are kept open.

¶12The respondent - Authority shall not proceed with the matter pursuant to Annexure - A.

¶13Petition is disposed off accordingly.

Sd/- (M.G.S. KAMAL) JUDGE

Vmb List No.: 1 Sl No.: 17