Writ Petition No. 744 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 744 OF 2025 (LB-RES) C/W WRIT PETITION NO. 35865 OF 2024 (LB-RES) WRIT PETITION NO. 35893 OF 2024 (LB-RES) WRIT PETITION NO. 35926 OF 2024 (LB-RES) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA IN WP No. 744/2025 BETWEEN: 1. MR A M RAGHAVENDRA S/O LATE MOHAN GUPTA A AGED ABOUT 54 YEARS REP BY M/S MOHAN AND CO PROPRIETOR SHOP NO 54 2. MR B V NAGESH S/O B V VEERAPPA AGED ABOUT 52 YEARS REP BY M/S JAYALAKSHMI PROVISION STORES PROPRIETOR SHOP NO 61 3. MR B V MANOHAR S/O B V VEERAPPA AGED ABOUT 59 YEARS REP BY M/S JAYALAKSHMI PROVISION STORES PROPRIETOR SHOP NO 72 4. MR MURALI MOHAN ALIS CHIKKA MURALI MOHAN - 2 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER S/O RATHNAIAH AGED ABOUT 48 YEARS REP BY M/S SHRI MURALI TRADERS PROPRIETOR SHOP NO 60 5. MR K JAGANANATH ALIS K JAGANNATHAM S/O K BHEEMAIAH AGED ABOUT 63 YEARS REP BY M/S GURU TRADERS PROPRIETOR SHOP NO 58 (SENIOR CITIZEN BENEFITS IS NOT CLAIMED) 6. MR K MADHUSUDHAN S/O K ASHWATHNARAYANA AGED ABOUT 49 YEARS REP BY M/S M K R M AGRO OILS PROPRIETOR SHOP NO 57 7. MR G RAMAMURTHY S/O GOVINDAPPA AGED ABOUT 66 YEARS REP BY M/S VARUN TRADERS PROPRIETOR SHOP NO 71 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 8. SMT S SHAKUNTHALA W/O GANGADARAPPA AGED ABOUT 50 YEARS REP BY M/S ANAND HAIR DRESSES PROPRIETOR SHOP NO 78 9. MR A S RAMACHANDRA ALIS RAMACHANDRAPPA A S S/O SUBBAIAH, AGED ABOUT 67 YEARS REP BY M/S ANJANADARI PROVISION STORES PROPRIETOR SHOP NO 74 (SENIOR CITIZEN BENEFIT NOT CLAIMED) - 3 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER 10. MR O VENKATESH S/O OBLIESHA, AGED ABOUT 45 YEARS REP BY M/S SUPREME GENTS BEAURY PARLOR PROPRIETOR SHOP NO 73 11. MR MARUTHI G S/O G GOVINDARAJU AGED ABOUT 35 YEARS REP BY M/S MANJUNATH STORES PROPRIETOR SHOP NO 76 12. MR SOORAIAH S/O KATTAIAH AGED ABOUT 65 YEARS REP BY M/S ARVETI PROVISION STORES PROPIETOR SHOP NO 77 (SENIOR CITIZEN BENEFIT IS NOT CLIAMED) 13. MR J SUDHAKARA
Legal Reasoning
S/O JAGANATHA SETTY AGED ABOUT 63 YEARS REP BY M/S SHRI JAGANANTHA COPY WORKS PROPRIETOR SHOP NO 79 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 14. MR C S PRASAD S/O C R SATHYANARAYANA SETTY AGED ABOUT 67 YEARS REP BY M/S SHRINIVAS TRADING PROPRIETOR SHOP NO 52 (SENIOR CITIZEN BENEFIT NOT CLAMIED) 15. MR B CHANDRASHEKAR S/O BHASKACHAR AGED ABOUT 85 YEARS - 4 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER REP BY M/S SHRI SHIVASHAKTHI WOOD INDUSTRIES PROPRIETOR SHOP NO 62 (NOTE NOTICE IN THE NAME OF HIS SON) 16. MR H M CHANDRASHEKAR S/O H M ANUSUYAMMA AGED ABOUT 57 YEARS REP BY M/S SWATI XEROX PROPRIETOR SHOP NO 27 HAVING SHOPS AT COMMERCIAL COMPLEX BANGALORE ROAD CHALLAKERE 577522 17. MR R MANJUANTHA S/O LATE RUDRANAYAK AGED ABOUT 39 YEARS REP BY M/S THRIUMAL FURNITURES PROPRIETOR SHOP NO 24 HAVING SHOPS AT COMMERCIAL COMPLEX BANGALORE ROAD CHALLAKERE 577522 18. MR G MAHABOOB SAB S/O FAKRUDDIN SAB AGED ABOUT 70 YEARS REP BY SHRI RAM BANANA STROES PROPRIETOR SHOP NO.25 HAVING SHOPS AT COMMERCIAL COMPLEX BANGALORE ROAD CHALLAKERE 577522 (SENIOR CITIZEN BENEFIT IS NOT CLAIMIED) 19. MR N CHANDRANNA S/O N NEELAIAH AGED ABOUT 67 YEARS REP BY M/S SATHY SAI AGENCIES - 5 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER PROPRIETOR SHOP N O 56 (SENIOR CITICAN BENEFIT IS NOT CLAIMED) 20. SMT MUNIYAMMA W/O LATE S MANJUNATH AGED ABOUT 63 YEARS REP BY M/S AMBRUTHVANI MILLTARY HOTEL PROPRIETOR SHOP NO 63 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 21. MR SURESH @ C SURESH S/O C ANAND SHETTY AGED ABOUT 45 YEARS REP BY M/S SURESH STOES AND XEROX PROPRIETOR SHOP NO 28 HAVING SHOPS AT COMMERCIAL COMPLEX BANGALORE ROAD CHALLAKERE 577522 CHITRADURGA DISTRICT 577522 22. MR H M MALLAPPANAYAK S/O LATE MUTTHANAYAKA H S AGED ABOUT 69 YEARS REP BY M/S SHRI PANCHAMUHI PROPRIETOR SHOP NO 53 (SENIOR CITIZEN BENEFIT IS NOT CLAIEMD) 23. MR T J PANIRAJ S/O LATE M E JAGANATH SHETTY AGED ABOUT 48 EYARS REP BY M/S SHIVA TRADNG AND CO PROPRIETOR SHOP NO 59 24. MR FAYAZ AHMED S/O FAZAL REHMAN ALIS FAZALLUR REHAMAN - 6 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER AGED ABOUT 51 YEARS REP BY M/S V M SUPPLIERS PROPRIETOR SHOP NO 55 25. MR K P RAJU S/O LATE K PRAMESHWARAPPA AGED ABOUT 52 YEARS REP BY M/S SHRI LAKSHMI GLASS AND FLOWED WORKS PROPRIETOR SHOP NO 65 26. MR VEERANNA DEAD BY HIS REP OF MRS ARJUNSHINGH AGED ABOUT 64 YEARS REP BY M/S SURYA FANCY STROES PROPRIOETOR SHOP NO 26 HAVING SHOPS AT COMMERCIAL COMPLEX BANGALORE ROAD, CHALLAKERE 577522 (SENIOR CITIZEN BENEIT IS NOT CLAIMED) 27. MR SHRINATH REDDY S/O G P THIPPA REDDY AGED ABOUT 63 YEARS (SENIOR CITRIZEN BENEIT IS NOT CLAIMED) THROUGH HIS GPA HOLDER OF MR K RAMAKRISHNA AGED ABOUT 46 YEARS REP BY M/S KEERTHANA MOBILS CO PROPRIETOR SHOP NO 82 PETITIONERS 1 TO 27 ARE HAVING SHOPS AT COMMWERCIAL COMPLEX, MAHADEVI ROAD CHALALKERE, CHITRADURGA DISTRICT 577522 (EXCEPT PETITIOER No.16, 17, 18, 21, 26) (BY SRI. NAVEED AHMED., ADVOCATE) …PETITIONERS - 7 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER AND: 1. COMMISSIONER CITY MUNCIPAL COUNCIL CHALALKERE CHITRADURGA DISTRICT 577522 2. CITY MUNCIPAL COUNCIL CHALLAKERE CHITRADURGA DISTRICT 577522 REP BY ITS CHIEF OFFICER (BY SRI. G.K.BHAVANA., ADVOCATE) …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE IMPUGNED NOTICES DATED 18-12-2024 ISSUED BY THE RESPONDENT NO.2 AT ANNEXURE-A1 TO A28 BEARING NUMBERS AS FOLLOWS 1.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO54/2024-25, 2.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO61/2024-25, 3.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO72/2024-25, 4.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO60/2024-25, 5.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO58/2024-25, 6.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO57/2024-25, 7.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO71/2024-25, 8.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO78/2024-25, 9. BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO74/2024-25, 10.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO73/2024-25, 11.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO76/2024-25, 12.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO77/2024-25, 13.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO79/2024-25, 14.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO52/2024-25, 15.BEARING NO.NA.CHA/KIN.SHA/AM.MA/SI.R/NO62/2024-25, 16.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO27/2024-25, 17.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO24/2024-25, 18.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO25/2024-25, 19.BEARING NO.NA.CHA/KM. SHA/AM.MA/SI.R/NO56/2024-25, 20.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO63/2024-25, 21.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO28/2024-25, 22.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO53/2024-25, - 8 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER 23.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO59/2024-25, 24.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO55/2024-25, 25.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO65/2024-25, 26.BEARING NO.NA.CHA/KM.SHA/AM.MA/SI.R/NO26/2024-25, 27.BEARINGNO.NA.CHA/KM.SHA//CHA/KM.SHA/AM.MA/SI.R/N O82/2024-25, ETC. IN WP NO. 35865/2024 BETWEEN: 1. SRI.U.R. GANESH PRASAD S/O LATE U RAMA MURTHY BHAT, AGED ABOUT 43 YEARS, GANESH GENERAL STORE, SHOP NO. 83(OLD NO.2/2) PAVAGADA ROAD, CHALLAKERE, PIN 577 522, CHITRADURGA DISTRICT. ...PETITIONER (BY SRI. RAMA BHAT K., ADVOCATE) AND: 1. THE TOWN MUNICIPAL COUNCIL CHALLAKERE MUNICIPALITY, CHALLAKERE PIN 577522, CHITRADURGA DISTRICT, REPD BY ITS COMMISSIONER. (BY SRI. G.K.BHAVANA., ADVOCATE) ...RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO SET ASIDE /QUASH THE IMPUGNED NOTICES DTD 18.12.2024 BEARING NO. NA.CHA/KAM.SHA/AM.MA/C.R/NO 83/2024-25 ISSUED BY THE RESPONDENT TO THE PETITIONERS AS PER AS PER ANNEXURE-A, ETC. - 9 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER IN WP NO. 35893/2024 BETWEEN: 1. SRI A ANAND @ ANAND SETTY S/O SURAIAH SETTY, AGED ABOUT 54 YEARS, ASHOKA STORES SHOP NO. 7 AND 36, BENGALURU ROAD, CHALLAKERE PIN 577 522, CHITRADURGA DISTRICT. 2. SRI ADISHESHA SETTY S/O SURAIAH SETTY, AGED ABOUT 64 YEARS, ABHILASA STORES, SHOP NO. 5 AND 34, BENGALURU ROAD, CHALLAKERE PIN 577 522, CHITRADURGA DISTRICT. 3. SRI N RAVI S/O NAMADEVA SHINDE, AGED ABOUT 48 YEARS, RAVI METAL STORES, SHOP NO. 1, BENGALURU ROAD, CHALLAKERE, PIN 577 522, CHITRADURGA DISTRICT. (BY SRI. RAMA BHAT K., ADVOCATE) AND: 1. THE TOWN MUNICIPAL COUNCIL CHALLAKERE MUNICIPALITY, CHALLAKERE, PIN 577 522, CHITRADURGA DISTRICT, REPTD BY ITS COMMISSIONER. ...PETITIONERS ...RESPONDENT - 10 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER (BY SRI. G.K.BHAVANA., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO SET ASIDE /QUASH THE IMPUGNED NOTICES DTD 18.12.2024 BEARING NOs- a) NA.CHA/KAM.SHA/AM.MA/C.R/NO 07/2024-25 AND NA.CHA/KAM.SHA/AM.MA/C.R/NO 36/2024-25 b) NA.CHA/KAM.SHA/AM.MA/C.R/NO 05/2024-25 AND NA.CHA/KAM.SHA/AM.MA/C.R/NO 34/2024-25AND c) NA.CHA/KAM.SHA/AM.MA/C.R/NO 01/2024-25 , ISSUED BY THE RESPONDENT TO THE PETITIONERS AS PER AS PER ANNX-A, A1, A2, A3 AND A4 RESPECTIVELY, ETC. IN WP NO. 35926/2024 BETWEEN: 1. SRI M P GURURAJ S/O PARAMESHWARAIAH PUSHPAVANA CONDIMENTS SHOP NO.92 (OLD NO.81/111), CHITARDURGA ROAD CHALLKERE PIN 577 522 CHITRAUDRGA DISTRICT 2. SRI. M RAMAL KRISHNA SETTY S/O MUDDA RANAGAIAH RANGADHAMA PROVISION STORES SHOP NO.91 (OLD NO.80/110) CHITRADURGA ROAD CHALLKERE PIN 577 522 CHITRAUDRGA DISTRICT 3. SRI. T S GOPAL S/O LATE SIDDARAMAPPA AGED ABOUT 52 YEARS, - 11 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER ESHWARA MEDICALS NO.93 (OLD NO.82/112) CHITRAUDRGA ROAD CHALLAKERE PIN-577 522, CHITRADURGA DISTSRICT 4. SRI. T S SHIVA KUMAR S/O SIDDARAMAPPA.T.S, AGED ABOUT 46 YEARS, VIJAYALAKSHMIU MOBOILE CENTER SHOP NO.94 (OLD NO.83/113) CHITRADURGA ROAD CHALLKER PIN 577522 CHITRADURGA DISRICT ...PETITIONERS (BY SRI. RAMA BHAT K., ADVOCATE) AND: 1. THE TOWN MUNICIPAL COUNCIL CHALLAKERE MUNICIPALITY CHALLAKERE PIN 577522 CHITRADURGA DISTRICT REP BY ITS COMMISSIONER (BY SRI. G.K.BHAVANA., ADVOCATE) ...RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO SET ASIDE /QUASH THE IMPUGNED NOTICES DATED 18.12.2024 BEARING NOs- a) NA.CHA/KAM.SHA/AM.MA/C.R/NO 92/2024-25 NA.CHA/KAM.SHA/AM.MA/C.R/NO 91/2024-25 NA.CHA/KAM.SHA/AM.MA/C.R/NO 93/2024-25 b) c) d) NA.CHA/KAM.SHA/AM.MA/C.R/NO 94/2024-25ISSUED BY THE RESPONDENT TO THE PETITIONERS AS PER AS PER ANNX-A, A1, A2, AND A3 RESPECTIVELY, ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 12 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioners are challenging the notices issued to them by which they have been called upon to vacate and hand over the possession of the shops, which are in their possession. 2. Since the said structures were in a dilapidated condition, the notices indicate that they have been issued in exercise of powers under Section 230 of the Karnataka Municipalities Act, 1964 (for short, ‘the Act’). 3. Section 230 of the Act reads as follows - “230. Buildings or rooms in buildings unfit for human habitation.—(1) If, for any reason, it shall appear to the municipal council that any building or any room in a building intended for or used as a dwelling is unfit for human habitation, the municipal council shall give to the owner or occupier of such building notice in writing, stating such reason, and signifying its - 13 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER intention to prohibit the further use of the building or room, as the case may be, as a dwelling, and shall in such notice call upon the owner or occupier aforesaid to state in writing any objection thereto within thirty days after the receipt of such notice; and if no objection is raised by such owner or occupier within such period as aforesaid, or if any objection which is raised by such owner or occupier within such period appears to the standing committee invalid or insufficient, the municipal council may by an order in writing prohibit the further use of such building or room as a dwelling. (2) When any such prohibition as aforesaid has been made, the Municipal Commissioner or Chief Officer shall cause notice of such prohibition to be affixed to, and the letters “U.H.H.” to be painted on the door or some conspicuous part of such building or room, as the case may be; and no owner or occupier of such building or room shall use or suffer the same to be used for human habitation until the Municipal Commissioner or Chief Officer certifies in writing that the building or room, as the case may be, has been rendered fit for human habitation. - 14 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER (3) The municipal council may further at its discretion serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in its opinion those works will render the building fit for human habitation. In addition to serving a notice under this section on the owner, the municipal council may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise. (4) In determining whether a building can be rendered fit for human habitation at a reasonable expense regard shall be had to the estimated cost of the work necessary to render it so fit and the value which it is estimated that the building will have when the works are completed. 4. As could be seen from the above, if it is the case of the Municipality that if the buildings are in dilapidated condition, they are required to issue a show-cause notice calling upon the occupants to submit the reply within 30 days. - 15 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER 5. However, the impugned notices do not indicate that the procedure prescribed under Section 230 of the Act has been followed. In fact, the notices go on to straightaway state that the petitioners are required to vacate and hand over the possession. 6. The Municipality has entered appearance and filed its objections and has stated so in para 9 of its counter which reads as follows – “9. Without prejudice to the contentions taken above, if this Court comes to conclusion that the petitioner ought to have been granted time to submit their reply under Section 230 of the Karnataka Municipalities Act, 1964, the respondents hereby consents to treat the notice dated 18.12.2024 as notice under Section 230 and permit the petitioner to submit their reply within the 30 days of the disposal of this petition and the respondent undertakes to pass orders thereafter in accordance with law after considering all the materials placed before the respondent Authority by the petitioner in furtherance to - 16 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER the structural stability report issued by PWD Department.” 7. It is, therefore, clear that the Municipality has now consented that the orders that have been passed and which are impugned in this Writ Petition shall be treated as show-cause notice and the petitioners would be permitted to file the reply within a period of 30 days from the date of disposal of this Writ Petition and they have also undertaken that they would pass orders in accordance with law after considering all the materials placed before it. 8. In the light of the above, the impugned orders shall be treated as show-cause notices by the petitioners and they shall file their objections within a period of 30 days. 9. On such objections being filed, the respondents shall consider the objections and also the materials that the petitioners may place regarding the stability of the structures in question and pass appropriate - 17 - NC: 2025:KHC:6000 WP No. 744 of 2025 C/W WP No. 35865 of 2024 WP No. 35893 of 2024 AND 1 OTHER orders after hearing the petitioners. The Writ Petitions are, accordingly, allowed. 10. In view of the disposal of the petition, all pending
Decision
interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 51