Karnataka High Court
Administrative and Public LawProperty and Real Estate Law

Tenants may continue paying pre-enhancement rent pending challenge to the rent-enhancement circular.

SRI MOHAMMED SHAFIKUR REHMAN vs THE COMMISSIONER

Karnataka High CourtJUDGMENT: September 10, 20262 MIN READSOURCE JUDGMENT
Tenants may continue paying pre-enhancement rent pending challenge to the rent-enhancement circular.. SRI MOHAMMED SHAFIKUR REHMAN vs THE COMMISSIONER. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners, who asserted possession of shops in Sri Krishna Rajendra Market, challenged notices dated 25 and 29 June 2026 demanding arrears arising from an enhanced rent rate, and sought consideration of their representations concerning rent.

Source reference: p. 3–4

They submitted that the demand arose from a circular under challenge in W.P. No. 28954/2023, and relied on orders in W.P. Nos. 34329/2024 and 22596/2026 concerning payment of rent pending that challenge.

Source reference: p. 5–6

The respondents were heard, and the Court considered its order dated 13 August 2026 in W.P. No. 22596/2026.

Source reference: p. 5
02

Issues

1. Whether the petitioners, being similarly circumstanced to those in W.P. No. 22596/2026, should receive the same interim payment terms pending disposal of W.P. No. 28954/2023.

Source reference: p. 5–7

2. Whether the impugned rent-demand notices should be quashed.

Source reference: p. 4, 7
03

Law Applied

The Court applied the directions in its order dated 13 August 2026 in W.P. No. 22596/2026: petitioners could deposit Rs. 25,000 each towards arrears, subject to the outcome of W.P. No. 28954/2023, and were to continue paying future rent in accordance with the order dated 18 February 2025 in W.P. No. 34329/2024; if they made the deposit and continued those payments, coercive measures were not to be taken.

Source reference: p. 5–6

The Court further recognized that, upon disposal of W.P. No. 28954/2023, the authorities could act in accordance with that decision.

Source reference: p. 7
04

Reasoning

The petitioners’ representations concerned arrears calculated at the original rent rate for April 2017 to March 2026, while the enhanced demand depended on a circular whose validity remained under challenge.

Source reference: p. 6

Finding the petitioners similarly situated to those in W.P. No. 22596/2026, the Court considered it appropriate to extend the same deposit and future-rent arrangement to them. It therefore disposed of the petition on those terms and quashed the notices.

Source reference: p. 6–7
05

Holding

The petition was disposed of on the terms of the order dated 13 August 2026 in W.P. No. 22596/2026, and the notices at Annexures B to H were quashed.

The petitioners were permitted to deposit Rs. 25,000 each towards arrears and were required to continue paying future rent in accordance with the order in W.P. No. 34329/2024; those arrangements were subject to the outcome of W.P. No. 28954/2023. The authorities may act in accordance with the eventual disposal of that pending petition.

Source reference: p. 5–7
Karnataka High Court

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SRI MOHAMMED SHAFIKUR REHMANvsTHE COMMISSIONER

Karnataka High Court · September 10, 2026

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