SMT.PRAMEELA G vs THE SPECIAL LAND ACQUISITION OFFICER

Court
Karnataka High Court

- 1 -
HC-KAR
NC: 2026:KHC:54601
WP No. 11470 of 2025


CNR: KAHC010257972025




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 30 DAY OF SEPTEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ

WRIT PETITION NO. 11470 OF 2025 (LA-RES)

BETWEEN:

SMT. PRAMEELA G.
W/O. SRI S.R. RAGHUNATHA
AGED ABOUT 45 YEARS
PROPRIETOR OF M/S. SRIGIRI MOTORS,
ND
RESIDING AT NO.14/A, 2 CROSS,
MARUTHI EXTENSION,
SRIRAMPURAM POST,
BANGALORE NORTH,
BANGALORE-560021
[email protected]
MOB:7483181552,

HAVING PLACE OF BUSINESS AT
M/S. SRIGIRI MOTORS
SHOP NOS.7, 8, 9, 7A, 8A, 9A, 10A 10B OF
M/S. HINDU SADARA KSHEMABHIVRUDHI
SANGHA (R) BUILDING,
OPPOSITE TO MIRJI PETROL BUNK,
B.H ROAD, BATAWADI,
TUMAKURU-572103
…PETITIONER











Digitally
signed by
HEMALATHA J
Location:
HIGH COURT
OF
KARNATAKA

(BY SRI. VANI H., ADVOCATE)
AND:

1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
TUMAKURU DIVISION,
MINISTRY OF ROAD TRANSPORT AND HIGHWAY,
OFFICE AT SREE RAKSHE, 80 FEET ROAD,
MAHALAKSHMINAGARA,
NEAR SREE KRISHNA COLLEGE,

- 2 -
HC-KAR
NC: 2026:KHC:54601
WP No. 11470 of 2025


CNR: KAHC010257972025


BATAWADI,
TUMUKURU-572 103

2. M/S. HINDU SADARA KSHEMABHIVRUDHI SANGHA (R),
HAVING ITS REGISTERED OFFICE AT
TH TH
NO.5A, 12 B MAIN ROAD, 4 A CROSS,
WEST OF CHORD ROAD,
MAHALAKSHMIPURAM (POST),
BANGALORE-560086.
REPRESENTED BY ITS PRESIDENT
SOCIETY REGISTERED UNDER
KARNATAKA SOCIETIES REGISTRATION ACT, 1960

3. UNION OF INDIA,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
REPRESENTED BY ITS SECRETARY,
TRANSPORT BHAWAN, NO.1,
PARLIAMENT STREET,
NEW DELHI-110001
…RESPONDENTS
(BY SMT. SHILPA GHANSHYAMBHAI SHAH, ADVOCATE FOR
RESPONDENT NO.1;
SRI. D. ASWATHAPPA, ADVOCATE FOR RESPONDENT NO.2;
SMT. GIRIJA PATIL, CENTRAL GOVERNMENT COUNSEL FOR
RESPONDENT NO.3)


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE FIRST
RESPONDENT TO CONSIDER THE REPRESENTATION DATED
26.08.2024 VIDE ANNEXURE-G FILED BY THE PETITIONER AND PASS
APPROPRIATE ORDERS IN ACCORDANCE WITH LAW AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ

- 3 -
HC-KAR
NC: 2026:KHC:54601
WP No. 11470 of 2025


CNR: KAHC010257972025


ORAL ORDER
The petitioner has sought for a writ in the nature of
mandamus to direct the respondent No.1 to consider her
representation dated 26.08.2024. She has sought for a writ in
the nature of mandamus to direct respondent No.1 not to evict
her without following the due process of law.
2. The petitioner contends that she is a tenant in a
commercial building bearing Nos.7A, 8A, 9A and 10A situate
opposite to Mirji Petrol Bunk, B.H.Road, Batawadi, Tumakuru
comprising of ground and first floors, where she is running a
dealership of two wheelers. The said property was acquired by
the Union of India for the benefit of the National Highways
Authority of India. She claims that the compensation in respect
of the land is already determined and that the respondent No.2
being the owner of the property, has received part of the
compensation. She contends that the respondent No.1 is trying
to dispossess her from the property in question. In that
regard, the petitioner submitted a representation to the
respondent No.1 requesting it to permit her to continue her
business activities in the property in question. She claims that

- 4 -
HC-KAR
NC: 2026:KHC:54601
WP No. 11470 of 2025


CNR: KAHC010257972025


the said representation is not considered by respondent No.1
and therefore she is before this Court seeking for a direction to
respondent No.1 to consider her representation and pass
appropriate orders and also not to evict her from the property
in question.
3. (i) A statement of objections is filed by the
inter alia
respondent No.1 where it is contended that the
respondent No.2 is the owner of the property in question and
had let it out to the petitioner. After the acquisition was
completed, the respondent No.1 issued a notice to the
petitioner to vacate the premises. The request of the petitioner
for additional time was granted. However, the petitioner again
sought for further time to vacate the premises by filing the
representation dated 26.08.2024. It is contended that the
petitioner was given a long rope and was granted more than 02
years to vacate the premises. However, the petitioner
continues to occupy the premises and thereby has not allowed
the project to be completed.
(ii) It is also claimed that all other tenants in the
property in question have vacated and handed over possession

- 5 -
HC-KAR
NC: 2026:KHC:54601
WP No. 11470 of 2025


CNR: KAHC010257972025


and that it is only the petitioner who is occupying the premises.
locus standi
Thus, it is contended that the petitioner has no to
compel the respondent No.1 to consider the representation or
to forbear from taking action to evict her from the property in
question.
4. The learned counsel for the respondent No.1
reiterated aforesaid contentions and submitted that the
petitioner is operating its activities from a rented premises and
that the premises in question is immediately required by the
respondent No.1 for conducting its activities. She therefore
contends that no indulgence be shown to the petitioner.
Besides, she contends that the petitioner has not paid the
arrears of rent. Therefore, no indulgence be shown to the
petitioner.
5. I have considered the submissions of the learned
counsel for the petitioner and learned counsel for the
respondent No.1.
6. The petitioner is undisputedly a tenant of the
premises in question under the respondent No.2. The property

- 6 -
HC-KAR
NC: 2026:KHC:54601
WP No. 11470 of 2025


CNR: KAHC010257972025


in question was acquired by the Union of India for the benefit of
the National Highways Authority of India. The acquisition is
complete, in as much as the compensation was determined and
a portion thereof is paid to the respondent No.2 and the
remaining is retained by the respondent No.1 and is to be
released subject to the petitioner vacating and handing over
possession of the premises. This Court, therefore, called upon
the petitioner to disclose as to when she would vacate the
premises.
7. The learned counsel for the petitioner has placed on
record certain photographs which indicate that the petitioner
has undertaken construction on a property belonging to her.
The learned counsel further submits that the petitioner would
shift her activities to the said building and seeks three months'
time to vacate the premises. She has also filed a memo and
enclosed therewith a demand draft for Rs.12,77,881/-, being
the arrears of rent for the month of April 2025 till September
2026, after deducting a sum of Rs.10,00,000/- paid to the
respondent No.2 as refundable security deposit.

- 7 -
HC-KAR
NC: 2026:KHC:54601
WP No. 11470 of 2025


CNR: KAHC010257972025


8. Having regard to the fact that the petitioner was a
tenant under the respondent No.2 and was bound to be evicted
in accordance with law, it is appropriate that the request of the
petitioner is considered favourably so that her ongoing business
is not disturbed.

9. In that view of the matter, the following order is
passed:
(i) The petition is disposed off directing the respondent
No.1 to grant three months time to the petitioner to quit
and deliver vacant possession of the building in question.
This is subject to the petitioner filing an affidavit within
10 days undertaking to vacate the premises by or before
03 months from the date of receipt of a copy of this order
and hand over vacant possession of the property to the
respondent No.1. The petitioner shall also undertake that
she shall not seek for further extension of time to vacate
the building in question. It is made clear that if the
petitioner fails to vacate and hand over vacant possession
of the property within 03 months from the date of receipt
of a copy of this order, it is open for the respondent No.1

- 8 -
HC-KAR
NC: 2026:KHC:54601
WP No. 11470 of 2025


CNR: KAHC010257972025


to take necessary measures to physically take over
possession of the property in question.

(ii) The petitioner shall deposit a sum of Rs.10,00,000/-
which is purportedly paid to the respondent No.2 as
refundable earnest money within two months from now
and also undertake to pay the rent for the months of
October, November and December 2026 to the
respondent No.1.

(iii) The demand draft for Rs.12,77,881/- deposited by the
petitioner is ordered to be encashed and released to the
Rs.
respondent No.1 and a sum of 10,00,000/- that may
be deposited by the petitioner shall also be released to
the respondent No.1.
(iv) After the possession is taken over by the respondent
No.1, the balance compensation payable to the
respondent No.2 shall be released.
Sd/-
(R. NATARAJ)
JUDGE
HJ
List No.: 1 Sl No.: 25