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2022 Supreme(Kar) 986

B. M. SHYAM PRASAD
Srikarana – Appellant
Versus
Administrative Officer – Respondent


Advocates appeared:
Harsh Desai, Advocate, Suma Yalgur, Advocate, Y.Lakshmikant Reddy, Advocate, Shivaprabhu Hiremath, Advocate

JUDGMENT

1. The petitioners, who are in possession of certain shops within the precincts of Sri.Doddabasaveswaraswamy Temple, Kurugodu, Ballari District, have impugned the Competent Officer's order under Sec. 5 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (for short, 'the Act') and the confirmation thereof in the appeals filed in M.A. Nos.9- 16/2014 on the file of the II Additional District Judge, Ballari (for short, 'the Appellate Court').

2. The Competent Officer, the second respondent, by a common order dtd. 6/8/2014 has found that each of the petitioners is an unauthorised occupant of the respective premises and therefore, has directed them to hand over vacant possession such premises. The Appellate Court, while observing that the lease of respective premises is admitted by the petitioners and there is compliance insofar as the procedure with the relevant provisions of the Act, has affirmed the second respondent's order concluding that the petitioners cannot complain of lack of opportunity.

3. The relevant facts are that the first respondent, the Administrative Officer of a notified institution, has permitted the petitioners to occupy certain o

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