Heard Sri. Lakamapurmath Chidanandayya, learned

counsel appearing for the petitioner and Smt. Swetha

Krishnappa, learned AGA appearing for respondents No.1

to 7.

- 3 -

In this petition, the petitioner has sought for

the following reliefs:

"(i)

CALL FOR the records from the second

respondent which ultimately resulted in passing

the impugned order at Annexure-A dated

24.06.2022

bearing

No.ADM-2(3)/Public

Instruction/03/22-23, directing the Deputy

Director

of

Public

Instruction,

Mysuru/6^th

respondent to take possession of the schedule

property without recourse to law .

(ii)

ISSUE an order, direction, writ in the nature

of

certiorari,

quashing

the

Official

Memorandum

at

Annexure-A

dated

24306.2020

bearing

No.ADM-2(3)/Public

Instruction/03/22-23 by respondent No.2.

(iii)

ISSUE an order, direction, writ in the nature

of Mandamus, directing the respondents not

to evict the petitioner from the schedule

property except in the manner known to law.

(iv)

DECLARE that the order at Annexure-A is

passed by the second respondent as it is an

Estate Officer under the provisions of the

Karnataka

Public

Premises

(Eviction

of

Unauthorized Occupants) Act is illegal and

ultra-vires the powers conferred on the

second respondent.

(v)

ISSUE such other and further reliefs as this

Hon'ble Court deems fit in the facts and

- 4 -

circumstances of the case, in the interest of

justice and equity. "

In

addition

to

reiterating

the

various

contentions urged in the petition and referring to the

material on record, the learned counsel for the petitioner

submits that in view of the notice at Annexure-H dated

07.06.2022 under Section 4(1) of Karnataka Public

Premises (Evaluation of unauthorised occupants) Act,

1974,

the

impugned

order

at

Annexure-A

dated

24.06.2022 passed by respondent No.2-the Commissioner

of Public Instruction is illegal, arbitrary and without

jurisdiction or authority of law and the same deserves to

be quashed.

Per contra, learned AGA appearing for the

respondents submits that there is no merit in the petition

and the same is liable to be dismissed.

I have given my anxious consideration to the

rival submissions and perused the material on record.

When the matter was taken up for orders on 01.08.2022,

this Court pass the following order:

- 5 -

" In this petition, petitioner is aggrieved by the

impugned order at Annexure 3 A dated 24.06.2022

passed by respondent No.2/Commissioner of Public

Instructions whereby the respondent No.2 directed

the respondent No.6/Deputy Director of Public

Instructions to take possession of the said premises

from the petitioner by necessary police help from

the

jurisdictional

police

authorities/respondent

Nos.3 to 5.

In

addition

to

reiterating

the

various

contentions urged in the petition and referring to the

documents produced thereto, learned counsel for the

petitioner submits that on 07.06.2022, respondent

No.4 /jurisdictional Deputy Commissioner has issued

notice under Section 4(1) of the Karnataka Public

Premises (Eviction of unauthorised occupants) Act,

1974 (for short, 8the said Act of 19749), seeking

eviction

of

the

petitioner

from

the

subject

premises. It is submitted that without continuing

and completing the said proceeding as per the

procedure contemplated under the said Act of 1974

and without passing eviction order under Section 5 of

the said Act of 1974 nor taking recourse to evict the

petitioner by following due process of law, respondent

No.2/Commissioner of Public Instructions has passed

the illegal and arbitrary impugned order which is

without jurisdiction or authority of law and has

illegally, high-handedly and by adopting and resorting

to

extra-judicial

methods

has

taken

forcible

possession of the subject premises from the

petitioner and has affixed locks to the subject

premises illegally and as such, petitioner is before

this Court by way of the present petition. It is also

submitted

that

the

impugned

order

is

an

unreasoned, cryptic, non-speaking order without

any application of mind and in co