SURESH N P vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:55698
WP No. 13310 of 2024


CNR: KAHC010276442024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 6 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA

WRIT PETITION NO. 13310 OF 2024 (GM-RES)

BETWEEN:

1. SURESH N P
S/O LATE PEMMAIAH N M
AGED 48 YEARS,
R/AT NO. 13, B LANE,
BERLIE STREET POLICE QUARTERS,
NEAR NANJAPPA CIRCLE,
SHANTINAGAR,
BENGALURU - 560 025.

2. SMT SUCHITRA M M
W/O SURESH N P ,
AGED 40 YEARS,
R/AT NO. 13, B LANE,
BERLIE STREET POLICE QUARTERS,
NEAR NANJAPPA CIRCLE,
SHANTINAGAR,
BENGALURU - 560 025.

3. SMT KAMALA N P
W/O LATE PEMMAIAH N M,
AGED 73 YEARS,
R/AT NO.13, B LANE,
BERLIE STREET POLICE QUARTERS,
NEAR NANJAPPA CIRCLE,
SHANTINAGAR, BENGALURU - 560025
(SENIOR CITIZEN BENEFIT NOT CLAIMED)











Digitally signed
by PAVITHRA B
Location: HIGH
COURT OF
KARNATAKA

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WP No. 13310 of 2024


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4. KUM. SAANVI KAVERAMMA N S
D/O SURESH N P,
AGED 14 YEARS,
R/AT NO. 13, B LANE,
BERLIE STREET POLICE QUARTERS,
NEAR NANJAPPA CIRCLE,
SHANTHINAGAR, BENGALURU - 560 025.

5. MASTER HAVISH N S
S/O SURESH N P,
AGED 11 YEARS,
R/AT NO.13, B LANE,
BERLIE STREET POLICE QUARTERS,
NEAR NANJAPPA CIRCLE,
SHANTHINAGAR, BENGALURU - 560 025.
(PETITIONERS NO.4 AND 5 ARE MINORS
REPRESENTED BY PETITIONERS NO. 1 & 2 PARENTS)

…PETITIONERS
(BY SRI. N. RAVINDRANATH KAMATH, SENIOR ADVOCATE FOR
SRI. DIVYATEJ H.N., ADVOCATE)
AND:

1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME AFFAIRS,
VIDHANA SOUDHA,
BENGALURU - 560 001.

2. THE COMMISSIONER OF POLICE
BENGALURU CITY,
COMMISSIONER OF POLICE OFFICE,
INFANTRY ROAD, BENGALURU - 560002.

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HC-KAR
NC: 2026:KHC:55698
WP No. 13310 of 2024


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3. THE DEPUTY COMMISSIONER OF POLICE
BENGALURU CENTRAL DIVISION,
KASTURABA ROAD, ASHOK NAGAR,
BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. M. SRINIVAS KUMAR, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, 1950 PRAYING TO QUASHING
THE IMPUGNED MEMORANDUM ISSUED BY THE RESPONDENT
NO.-3 DEPUTY COMMISSIONER OF POLICE IN SANKHYE.
01/KATTADA/DCP(KE)/2024-25 DATED 23.04.2024 VIDE
ANNEXURE-A ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA
ORAL ORDER
The petitioner is before this Court calling in question
the official memorandum dated 23.04.2024 at Annexure-A
by which the petitioner was directed to vacate the official
quarters bearing No.13, B Lane, Berlie Street forthwith
and also to pay an amount equivalent to the HRA with
effect from the date on which the petitioner was ordered
to be compulsorily retired, so also the electricity and water
bills etc.

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NC: 2026:KHC:55698
WP No. 13310 of 2024


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2. The petitioner was a Government servant
working in the Department of Police. An order of
compulsory retirement was passed pursuant to the show-
cause notice dated 23.09.2022.
3. Since the petitioner was staying in the official
quarters, post the order of compulsory retirement, the
impugned official memorandum was issued. The petitioner
has challenged the impugned official memorandum at
Annexure-A on the ground that due to his serious illness,
more particularly neurological disorder, he is not in a
position to make alternative residential arrangements. In
addition, it is also the contention of the petitioner that his
children are studying at the schools which are in the close
vicinity of the residential quarters in question.
4. The learned Senior Counsel appearing for the
petitioner submits that the order of compulsory retirement
has been challenged before the Karnataka Administrative

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Tribunal and the original application is pending
consideration.
5. It is further submitted that, considering the
health issues of petitioner No.1, as well as the fact that
the children of petitioner No.1 are studying in schools
located in the close vicinity of the quarters in question,
petitioner No.1 may be granted a reasonable period of two
years to continue to occupy the quarters in question.
. Per contra
6 , the learned High Court Government
Pleader appearing for the respondents/State submits that,
after the order of compulsory retirement, petitioner No.1
was required to vacate the quarters in question within 3
months from 20.05.2023. However, he has continued to
occupy the accommodation in question for more than 3
years. Therefore, there is no justification for granting any
extension of time to vacate the quarters in question.
7. Having heard the learned counsel appearing for
the petitioners as well as the learned HCGP appearing for

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the respondents/State, and on perusal of the order of
compulsory retirement as well as the impugned order, this
Court is of the view that the continuation of the
petitioner's occupation of the quarters in question for 3
years after the order of compulsory retirement cannot be
appreciated, inasmuch as, once the petitioner was ordered
to be compulsorily retired, his right to continue to occupy
the official quarters ceased to exist. However, by virtue of
the interim order passed in this writ petition, the petitioner
has continued to occupy the quarters for more than 3
years from the date of the order of compulsory retirement.
Therefore, there is no illegality or perversity in the
impugned official memorandum issued by respondent
No.3.
8. Today, the learned Senior Counsel appearing
for the petitioners has filed a memo enclosing copies of
the medical certificates and records of petitioner No.1 and
the study certificates of petitioners Nos.4 and 5, who are
the children of petitioner No.1.

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9. Taking note of the fact that petitioners Nos.4
and 5 are studying in I PUC and VIII Standard,
respectively, if the impugned official memorandum is given
effect to at this juncture, it would seriously prejudice the
studies of petitioners Nos.4 and 5. It is only on the
account of the said concern that this Court is of the
opinion that petitioner No.1 may be permitted to continue
to occupy the residential quarters in question till the end
of the academic year 2026–27.
10. Petitioner No.1 is directed to file an affidavit to
the effect that he would vacate the quarters in question
and hand over vacant possession thereof by 31.05.2027,
without any resistance.
11. Petitioner No.1 shall also indicate in the
affidavit that he would pay an amount equivalent to the
HRA attached to his salary, had he been in service from
2023 onwards.

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12. In addition, petitioner No.1 shall also pay the
arrears of electricity and water bills from the month of May
2023 till the date of vacation of the premises. In order to
show his bona fides, petitioner No.1 shall pay the entire
arrears of rent equivalent to HRA as observed above by
the end of December 2026, and shall continue to pay the
rent for the remaining months up to April 2027.
13. If the affidavit as directed above is not filed
within a period of 15 days from the date of receipt of the
certified copy of this order, the benefit of this order
permitting the petitioner to occupy the premises would not
inure to the benefit of petitioner No.1. In such an event,
the respondents are at liberty to implement the order at
Annexure-A.
14. With the aforesaid observations, the writ
disposed of
petition is .

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WP No. 13310 of 2024


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15. Pending IAs, if any, shall stand closed.

Sd/-
(T.P.VIVEKANANDA)
JUDGE



VS(paras 1 to 4)
SMC (para 5 to end)

List No.: 1 Sl No.: 42