L M PRABHA vs THE UNION OF INDIA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:61263
WP No. 32648 of 2026
CNR: KAHC010713262026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 32648 OF 2026 (GM-PP)
BETWEEN:
1. L M PRABHA
DAUGHTER OF LATE SRI. MUNIKAMAIAH,
AGED ABOUT 53 YEARS,
RESIDING AT NO. 19,
TEJAS NILAYA, RMV 2ND STAGE,
BENGALURU 560 054.
2. DR. RANGANATH L.M,
SON OF LATE SRI. MUNIKAMAIAH,
AGED ABOUT 51 YEARS,
RESIDING AT NO. 29, 1ST CROSS,
KGE LAYOUT, RMV 2ND STAGE,
BENGALURU 560 094.
3. L.M VISHWANATH,
SON OF LATE SRI. MUNIKAMAIAH,
AGED ABOUT 51 YEARS,
RESIDING AT FLAT NO. 2T-2,
SITE NO.17/B, 1ST CROSS,
4TH CROSS, BHOOPASANDRA
NEW LAYOUT, IDEAL NEST,
RMV 2ND STAGE, BENGALURU 560 094.
4. DEVAMMA,
WIFE OF LATE SRI. MUNIKAMAIAH,
AGED ABOUT 75 YEARS,
RESIDING AT NO. DOOR NO.1/1,
OPP. PUSHPANJALI THEATRE,
- 2 -
HC-KAR
NC: 2026:KHC:61263
WP No. 32648 of 2026
CNR: KAHC010713262026
DINNUR MAIN ROAD,
R.T NAGAR POST,
BENGALURU - 560 032.
…PETITIONERS
(BY SRI. RAJESH D M.,ADVOCATE)
AND:
1. THE UNION OF INDIA
THROUGH THE SECRETARY,
DHQ PO, NEW DELHI - 110 001.
2. PARACHUTE REGIMENT TRAINING CENTRE,
(INDIAN ARMY, MINISTRY OF DEFENCE,
UNION OF INDIA) J.C NAGARA,
BENGALURU - 560 006.
REPRESENTED BY THE COMMANDANT
3. DEFENCE ESTATE OFFICER,
KARNATAKA CIRCLE, KAMARAJ ROAD,
BENGALURU - 560 042.
4. THE ESTATE OFFICER,
STATION CELL, HEADQUARTERS
KARNATAKA AND KERALA SUB AREA,
CUBBON ROAD,
BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. CHANDAN SANJAY BHAT, ASG FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED ORDER DATED 09.09.2026 (ANNX-A) PASSED BY
THE ESTATE OFFICER STATION CELL HEADQYARTERS
KARNTAKA AND KERALA SUB AREA (R4) IN CASE NO.
7224/PPE/PRTC/SY. NO. 1 MH/(06/2017).
- 3 -
HC-KAR
NC: 2026:KHC:61263
WP No. 32648 of 2026
CNR: KAHC010713262026
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
The present writ petition is filed seeking for the following
reliefs:
"a) Issue a writ of certiorari quashing the impugned order
dated 09-09-2026 (ANNEXURE-A) passed by the Estate
Officer, Station Cell, Headquarters Karnataka and Kerala
Sub Area (4th respondent) in Case
No.7224/PPE/PRTC/Sy.No.1 MH/(06/2017).
b) Allow the application filed by the petitioners under
Order XVIII Rule 17 read with Section 151 CPC
(ANNEXURE-F) by recalling the order dated 16-04-2019
discharging PW-1;
c) Allow the I.A. filed under Order XVIII Rule 17 read with
Section 151 of CPC (ANNEXURE-G) and permit the
petitioners to cross-examine PW-1.
d) Pass such orders/directions as or just that this Hon'ble
Court may deem fit in the interest of Justice and Equity."
2. The petitioners have filed the present petition
assailing the order dated 09.09.2026 passed in case
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 4 -
HC-KAR
NC: 2026:KHC:61263
WP No. 32648 of 2026
CNR: KAHC010713262026
1
No.7224/PPE/PRTC/Sy.No.1 MH (06/2017) (Annexure-A to the
writ petition) pending before the respondent No.4.
3. It is the contention of the learned counsel for the
petitioners that the proceedings initiated before respondent
No.4 by respondent No.2 under the provisions of the Public
2
Premises (Eviction of Unauthorized Occupants) Act, 1973 was
being contested by the petitioners, inter alia on the ground that
the properties that are the subject matter of the said
proceedings and the properties that are claimed by the
petitioners are different. In this regard, the petitioners had filed
WP No.7773/2023 (Annexure -E). This Court vide order dated
18.11.2025 dismissed the said writ petition reserving liberty to
the petitioners to adduce all evidence in support of their
contention raised on the merits of the matter.
4. It is the case of the petitioners that consequent to
the dismissal of the writ petition, the petitioners have come in
possession of certain documents and the same were required
for the purpose of cross-examining PW.1 further. Hence, the
1
Hereinafter referred to as 'impugned order'
2
Hereinafter referred to as 'Act'
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 5 -
HC-KAR
NC: 2026:KHC:61263
WP No. 32648 of 2026
CNR: KAHC010713262026
petitioners filed two applications on 01.07.2026 under Order
XVIII Rule 17 r/w Section 151 of the Code of Civil Procedure,
1908, (Annexures - F and G to the writ petition) which have
been dismissed vide the impugned order. Being aggrieved, the
present writ petition is filed.
5. Respondent No.4 vide the said impugned order has
noticed that the evidence of PW.1 was led in the year 2018
itself and sufficient opportunities were afforded to the father of
petitioner Nos.1 to 3 and husband of petitioner No.2 (who was
arrayed as respondent No.1 before respondent No.4) on
24.01.2019 and 16.04.2019 and that subsequently there has
been no attempt by the petitioners to seek for cross-
examination of PW1. Hence, respondent No.4 dismissed the
applications in question.
6. It is the contention of the petitioners that they have
not encroached upon the properties, which were the subject
matter of the proceedings before respondent No.4. Further, the
petitioners have filed their objections in the proceedings before
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 6 -
HC-KAR
NC: 2026:KHC:61263
WP No. 32648 of 2026
CNR: KAHC010713262026
respondent No.4 and were actively contesting the same, inter
alia by filing WP No.7773/2023.
7. In view of the fact that the writ petition (WP
No.7773/2023) was disposed of on 18.11.2025 and subsequent
to the same that the applications in question have been filed,
the finding of respondent No.4 that consequent to the
opportunities afforded to the petitioner on 24.01.2019 and
16.04.2019, no effort was made to cross-examine PW.1 is
liable to be interfered with.
8. Having regard to the fact that in the proceedings
before respondent No.4, right, title and interest in immovable
properties is required to be adjudicated and keeping in mind
that the petitioners seek to assert that they have not
encroached the properties that are the subject matter of the
proceedings before respondent No.4, it is expedient that
another opportunity be afforded to the petitioners to cross-
examine PW1.
9. Hence, the following:
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 7 -
HC-KAR
NC: 2026:KHC:61263
WP No. 32648 of 2026
CNR: KAHC010713262026
ORDER
i. The writ petition is partly allowed;
ii. The impugned order 09.09.2026 passed in case
No.7224/PPE/PRTC/Sy.No.1 MH (06/2017) by respondent
No.4 is hereby set aside;
iii. The applications dated 01.07.2026 filed by the petitioner
under Order XVIII Rule 17 read with Section 151 of the
CPC (Annexures-F and G to the writ petition), are hereby
allowed;
iv. The petitioners shall be permitted to cross-examine PW1
on the date fixed for such cross-examination by the
respondent No.4;
v. It shall also be open to the respondent No.2 to adduce
further evidence consequent to the cross-examination of
PW1, if a request in that regard is made by respondent
th
No.2, before the 4 respondent;
vi. Consequent to the cross-examination of PW1 by the
petitioners, the petitioners shall be afforded another
opportunity to adduce their evidence;
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 8 -
HC-KAR
NC: 2026:KHC:61263
WP No. 32648 of 2026
CNR: KAHC010713262026
vii. Respondent no. 4 shall conduct further proceedings in
accordance with law;
viii. All rights and contentions of the parties on the merits of
the matter are kept open.
10. Pending IAs., if any, stand disposed of.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
(C.M. POONACHA)
JUDGE
ND
List No.: 1 Sl No.: 3