Writ Petition No. 16175 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19271 WP No. 16175 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16175 OF 2025 (GM-PP) BETWEEN: 1. SMT. MAYAWATHI W/O SHRI RAJENDRAN AGED ABOUT 65 YEARS, NO. 185, A BLOCK, 1ST CROSS, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 2. SMT. MADAMMA W/O KOLANJI AGED ABOUT 55 YEARS NO. 185, A BLOCK, 1ST CROSS, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 3. SHRI SHAKTIVEL S/O ARUMUGAM AGED ABOUT 42 YEARS NO. 185, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:19271 WP No. 16175 of 2025 HC-KAR MARUTHI SEVANAGAR POST, BENGALURU - 560 033
Legal Reasoning
4. SHRI MUKAN S/O PERIASWAMY AGED ABOUT 60 YEARS, NO. 198, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 5. SHRI KARTHIK S/O MAHALINGAM AGED ABOUT 45 YEARS, NO. 197, A BLOCK, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 6. SMT. RAVANEETHAM W/O SHRI KANNAN KALPANA AGED ABOUT 55 YEARS, NO. 187, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 7. SMT. KAVITHA W/O BALAKRISHNA, AGED ABOUT 38 YEARS, NO. 183, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, - 3 - NC: 2025:KHC:19271 WP No. 16175 of 2025 HC-KAR MARUTHI SEVANAGAR POST, BENGALURU - 560 033 8. SHRI NAGARAJ S/O KANAPPA AGED ABOUT 65 YEARS, NO. 193, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 9. SMT. VASAVI W/O SUBRAMANI AGED ABOUT 54 YEARS, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 10. SMT. ZAHEENA BEE W/O MALIGAN AGED ABOUT 60 YEARS, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 11. SMT. ERAMMA W/O LATE SHRI KURUVATHAPPA AGED ABOUT 53 YEARS, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 - 4 - NC: 2025:KHC:19271 WP No. 16175 of 2025 HC-KAR 12. SMT. AMALA MARY W/O LATE SHRI JNANA PRAKASH AGED ABOUT 52 YEARS, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 13. SMT. SHARADA MANOHAR W/O LATE SHRI MANOHAR AGED ABOUT 52 YEARS, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 14. SMT. SEEMA KHAN W/O SHABEER S. AGED ABOUT 28 YEARS, NO. 18, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 15. SMT. VIJAYA W/O PANEER SELVAM AGED ABOUT 60 YEARS, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 16. SHRI PRAKASH S/O VIRU - 5 - NC: 2025:KHC:19271 WP No. 16175 of 2025 HC-KAR AGED ABOUT 30 YEARS, NO. 182, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 17. SMT. NARAYANAMMA W/O SHRI MANI, AGED ABOUT 55 YEARS, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 18. SHRI JOHN VICTOR S/O GEORGE AGED ABOUT 38 YEARS, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 19. SMT. SUMITRA W/O NAGESH AGED ABOUT 43 YEARS, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 20. SMT. MARY W/O SHRI MANI AGED ABOUT 57 YEARS, A BLOCK, JANAKIRAM LAYOUT, - 6 - NC: 2025:KHC:19271 WP No. 16175 of 2025 HC-KAR RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 21. SHRI RAMESH KUMAR S/O SMT KASTURI AGED ABOUT 35 YEARS, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 22. SHRI GOVINDARAJ S/O SHRI MUKAN AGED ABOUT 57 YEARS, NO. 177, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 23. SHRI BABU SETH S/O SYED SARDAR AGED ABOUT 45 YEARS, NO. 177, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 24. SHRI RAJENDRAN S/O AANDIYAPAN AGED ABOUT 65 YEARS, NO. 177, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 - 7 - NC: 2025:KHC:19271 WP No. 16175 of 2025 HC-KAR 25. SHRI RAJU S/O VENKATESH AGED ABOUT 36 YEARS, NO. 200, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 26. SHRI HARI KRISHNA S/O CHINNA SWAMY AGED ABOUT 45 YEARS, NO. 194, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 27. SHRI MANIKANTHAN S/O SELVAM AGED ABOUT 32 YEARS, NO. 196, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 28. SMT. NEELAMMA W/O CHINAPPA AGED ABOUT 70 YEARS, A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 29. SHRI NISAR BASHA S/O CHOTTE SAB AGED ABOUT 50 YEARS, - 8 - NC: 2025:KHC:19271 WP No. 16175 of 2025 HC-KAR A BLOCK, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 30. SMT. MANJULA W/O SHRI BABU AGED ABOUT 50 YEARS NO. 103, A BLOCK, 1ST CROSS, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 31. SHRI SHRINIVAS S/O SHRI K.S. JAYARAM AGED ABOUT 55 YEARS NO. 5/1, A BLOCK, 1ST CROSS, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 32. SHRI GOVINDARAJU S/O SHRI NAGARAJ AGED ABOUT 48 YEARS A BLOCK, 1ST CROSS, JANAKIRAM LAYOUT, RAMASWAMY PALYA MAIN ROAD, MARUTHI SEVANAGAR POST, BENGALURU - 560 033 (BY SRI. MAITREYI KRISHNAN., ADVOCATE) … PETITIONERS - 9 - NC: 2025:KHC:19271 WP No. 16175 of 2025 HC-KAR AND: 1. UNION OF INDIA RAIL BHAVAN, MINISTRY OF RAILWAY NO. 1, RAISINA ROAD, NEW DELHI-110 001. REPRESENTED BY ITS SECRETARY 2. UNION OF INDIA SOUTH WESTERN RAILWAY BENGALURU - 560 023. REPRESENTED BY ITS DIVISIONAL RAILWAY MANAGER 3. COMMISSIONER OF POLICE BENGALURU CITY, INFANTRY ROAD, BENGALURU - 560 001. 4. ESTATE OFFICER SOUTH WESTERN RAILWAY, BENGALURU DIVISION BENGALURU - 560 023. (BY SRI. VINAY VENUGOPAL., ADVOCATE FOR R1, R2 AND R4; SRI V. MANJUNATHA RAYAPA, AGA FOR R3) … RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION RESTRAINING THE RESPONDENTS FROM INTERFERING WITH THE HOUSE PROPERTIES OF THE PETITIONERS IN JANAKIRAM LAYOUT A BLOCK, MARUTHI SEVANAGAR, BENGALURU AND ETC. - 10 - NC: 2025:KHC:19271 WP No. 16175 of 2025 HC-KAR THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioners have called in question the validity of the proceedings in E.R.L.Case No.17/2024 (Band Yard) initiated under the provisions of the Public Premises (Eviction of Unauthorised Occupation) Act, 1971. 2. The case of the petitioners is that order has been passed under Section 5 (1) of the said Act without affording an opportunity of participation. It is submitted that by virtue of the order passed, eviction of petitioners has been ordered. 3. Various contentions have been raised including that the authority has jurisdiction to entertain the proceedings in light of title dispute as BDA has issued allotment certificate to many of the petitioners, accordingly it is submitted that the proceedings are without jurisdiction. - 11 - NC: 2025:KHC:19271 WP No. 16175 of 2025 HC-KAR 4. Taking note that petitioners have not participated in the proceedings as a consequence of the order passed, it would meet the ends of justice to permit the petitioners to participate in the proceedings and place their case before the authorities. The contention regarding jurisdiction raised by the petitioners also requires to be ruled on by the authorities. 5. Learned counsel for respondents submits that the matter may not be permitted to be dragged on and timeline to be fixed for appearance of the petitioners. 6. Learned Counsel Sri.Clifton appearing for Smt.Maitreyi Krishnan has relied on the order of Coordinate Bench in W.P.No.5848/2025 and also order of the Apex Court in the case of Kaikhosrou (Chick) Kavasji Framji vs. Union of India and Another reported in (2019) 20 SCC 705 in support of his contention that when the question of title cannot be adjudicated in the summary proceedings and the matter is to be relegated to the Civil Court. - 12 - NC: 2025:KHC:19271 WP No. 16175 of 2025 HC-KAR 7. Learned Counsel for respondents however submits that there is no such dispute as is sought be made out in the present case. 8. Taking note that the order is passed without hearing the petitioners, the impugned order at Annexure-A is set aside insofar as petitioners are concerned. The matter is relegated for fresh consideration before the Estate Officer, South Western Railway, Bangalore. 9. Petitioners to mark their presence before the authority and place their stand by way of written objections along with the documents. All contentions of the petitioners including that of jurisdiction are kept open. 10. It is also clarified that mere participation in the proceedings pursuant to the directions of this court would not have the effect of waiver of objection regarding jurisdiction. All contentions of the parties including that of the respondents are kept open. - 13 - NC: 2025:KHC:19271 WP No. 16175 of 2025 HC-KAR 11. Parties to appear before the Estate Officer on 23.06.2025. The Estate Officer is necessarily to address the issue of jurisdiction before entering into merits of the matter. Sd/- (S SUNIL DUTT YADAV) JUDGE NP