Kasthuri, vs Union of India

Type Court Judgment Court Karnataka Orders Decided Jul 30, 2025

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Citation: sooperkanoon.com/1746451
Court: Karnataka Orders High Court
Judge: B M Shyam Prasad
Decided On: Jul 30, 2025
Case Number: WP/22584/2025

Parties & Advocates

Appellant / Petitioner

Kasthuri,

Respondent

Union of India

Excerpt

.....was made therein as under: coram: hon'ble mr. justice b m shyam prasadoral orderthe petitioners are aggrieved by notices issued under section 4 of the public premises (eviction of unauthorized occupants) act, 1971 [for short, 'the act'] and the impugned notices are issued by the estate officer, south western railway, bengaluru [the second respondent]. mr. brijesh rajput, the learned counsel for the petitioners, submits that in very similar circumstances, this court in w.p. no.16175/2025 vide order dated 06.06.2025 has intervened restoring the proceedings to the second respondent. the learned counsel is heard in the light of the terms of this court's order in the aforesaid petition. it would suffice for this court to observe that the petitioners have called in question show cause -5- notice under section 4 of the act, but in the other petition in w.p. no.16175/2025, an order under section 5 of the act is called in question with the court interfering on the limited ground that such proceedings are completed without extending an opportunity. a distinction indeed must be made. the petitioners must be at liberty to show cause and if there are adverse orders, they must avail remedy as is permissible under section 9 of the act. the petition stands disposed of accordingly. sd/- (b m shyam prasad) judge rb

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22584 OF 2025 (GM-PP) BETWEEN:
1. KASTHURI, W/O LATE FRANCIS, AGED ABOUT 73 YEARS, NO 243, A BLOCK, 7TH CROSS, BENGALURU 300033
2. LAKSHIMI W/O LATE YELUMALAI, AGED ABOUT 55 YEARS, NO. 243, A BLOCK, 1 CROSS, Digitally BENGALURU-560033 signed by
VANAMALA     3.   MUNIYAMMA,
N                 D/O LATE KANNAN,
Location:         AGED ABOUT 44 YEARS,
High Court        NO.287, A BLOCK,
of                7TH CROSS, JANAKI RAM LAYOUT,
Karnataka         BENGALURU-560033
4. RAHAMATH BEE, W/O 8.M.THAIYUB, AGED ABOUT 72 YEARS, NO.280 A BLOCK, 8TH CROSS, -2- BENGALURU-560033
5. SAMPOORNA, W/O LATE MANIKYAM, AGED ABOUT 60 YEARS, NO.254, 7TH CROSS, BENGALURU-560033
6. JAMES WILLIAM S/O R.E. FRANK AGED ABOUT 45 YEARS, NO.255, A BLOCK, 1 CROSS ROAD, BENGALURU-560033.
7. SAROJAMMA, W/O RAMACHANDRA, AGED ABOUT 56 YEARS, NO.212, A BLOCK, 1 CROSS ROAD, BENGALURU-560033,
8. MUTHU URUMAN, S/O LATE URUMAN, AGED ABOUT 69 YEARS, NO.258, A BLOCK, 1ST CROSS ROAD, BENGALURU-560033,
9. SELVA. T. S/O THIMMARAYAPPA, AGED ABOUT 43 YEARS, NO.259, A BLOCK, 1ST CROSS ROAD, -3- BENGALURU-560033. …PETITIONERS (BY SRI. BRIJESH RAJPUT., ADVOCATE) AND:
1. UNION OF INDIA MINISTRY OF RAILWAYS, REPRESENTED BY IT'S GENERAL MANAGER, RAIL SOUDHA, SOUTH WESTERN RAILWAYS, GADAGA ROAD, HUBLI KARNATAKA-580020.
2. THE ESTATE OFFICER, SOUTH WESTERN RAILWAY, BANGALORE DIVISION, BANGALORE-560023,
3. BANGALORE DEVELOPMENT AUTHORITY, REPRESENTED BY IT'S COMMISSIONER, 5TH MAIN, KUMARAKRUPA WEST, GUTTAHAHALLI, BANGALORE-560020. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE -M NOTICES ISSUED BY THE R2 UNDER SECTION 4 OF THE PUBLIC PREMISES (EVICTION OF UNAUTHORIZED OCCUPATION) ACT, 1971 IN CASE NO. ERI 08/2025, DATED 29.05.2025 WHICH ARE CYCLOSTYLED, IN RESPECT OF THE LAND BEARING SURVEY NO. 54/1 MEASURING 1 ACRE 01 GUNTAS OUT OF WHICH THE PORTION IN THE OCCUPATION OF THE PETITIONERS. -4- THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

ORAL ORDER

The petitioners are aggrieved by notices issued under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 [for short, 'the Act'] and the impugned notices are issued by the Estate Officer, South Western Railway, Bengaluru [the second respondent]. Mr. Brijesh Rajput, the learned counsel for the petitioners, submits that in very similar circumstances, this Court in W.P. No.16175/2025 vide order dated 06.06.2025 has intervened restoring the proceedings to the second respondent. The learned counsel is heard in the light of the terms of this Court's order in the aforesaid petition. It would suffice for this Court to observe that the petitioners have called in question Show Cause -5- Notice under Section 4 of the Act, but in the other petition in W.P. No.16175/2025, an order under Section 5 of the Act is called in question with the Court interfering on the limited ground that such proceedings are completed without extending an opportunity. A distinction indeed must be made. The petitioners must be at liberty to show cause and if there are adverse orders, they must avail remedy as is permissible under Section 9 of the Act. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE RB

Same Court & Year Karnataka Orders · 2025 Same Parties Kasthuri, vs Union of India Same Judge B M Shyam Prasad