MYSORE HORTICULTURAL SOCIETY Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) Both these petitions arise out of same cause of action of eviction of petitioners from Lalbagh invoking the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (hereinafter referred to as 'the Act' for short).

(2.) Facts, in brief, germane for consideration of the lis, are as follows:- WRIT PETITION NO.1889 2023: The petitioner in the subject petition is a registered society under the Societies Registration Act ,1860 having registered on 13/1/1941 and since then public servants have been its President or Secretary duly nominated by the State Government from time to time. On 4/3/1991 Government of Karnataka executes a lease in favour of the petitioner leasing out the schedule property for a period of 25 years. The lease would then come to an end in the year 2016. The petitioner claims to have approached the respondent/State seeking extension of lease. On 24/5/2018 owing to the request of the petitioner, the lease comes to be extended by an order of Government for a period of five years. Later on 25/9/2018 a draft lease was prepared and communicated to the concerned for its execution. This document indicates that the lease would be from 2018 for a period of five years i.e., up to 23/5/2023 on certain rent that is to be paid by the petitioner as was agreed by the State. Rents were not immediately paid but were paid in chunks of amounts as is claimed by the petitioner.

(3.) Things standing thus, on 18/10/2022 a communication comes to be issued to the petitioner directing its eviction on the ground that the lease has expired. This is called in question before this Court in Writ Petition No.21222 of 2022 and connected cases. The learned Additional Advocate General appears therein and submits that the Government would withdraw the communication impugned. Recording the submission, the petitions come to be disposed of. Immediately, thereafter a notice is issued under the Act against the petitioner which leads the petitioner to this Court in the subject petition calling in question issuance of notice dtd. 9/1/2023 under the Act. WRIT PETITION NO.1232 OF 2023: