KOLAR DISTRICT SRI v. R NAGAPRAKASH S
Case Details
- 1 - NC: 2025:KHC:16928 WP No. 15480 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 15480 OF 2024 (LB-RES) BETWEEN: 1. 2. 3. 4. SMT N V GAYATRI DEVI W/O S A VENKATACHALAPATI SHETTI AGED ABOUT 66 YEARS SHOP NO. 23, OPP TO GOVT HOSPITAL BUS STAND, MALUR TOWN MALUR - 563 130 KOLAR DISTRICT
Legal Reasoning
SRI. SHAMASUNDAR S/O SRINIVAS AGED ABOUT 65YEARS SHOP NO. 24, OPP TO GOVT HOSPITAL BUS STAND, MALUR TOWN MALUR - 563 130 KOLAR DISTRICT SRI. KOUSAR RAHIM S/O ABDUL JABBAR AGED ABOUT YEARS IDSMT SHOP NO. 21 MALUR TOWN, MALUR - 563 130 KOLAR DISTRICT SRI. V. R NAGAPRAKASH S/O GANGAIAH SHETTI AGED ABOUT YEARS SHOP NO. 20, IDSMT COMPLEX Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16928 WP No. 15480 of 2024 5. 6. 7. 8. 9. MALUR TOWN, MALUR - 563 130 KOLAR DISTRICT SRI. SOMASHEKHAR AGED ABOUT YEARS SHOP NO. 23, IDSMT COMPLEX MALUR TOWN, MALUR - 563 130 KOLAR DISTRICT SRI. JAGADISH SINGH S/O MAAN SINGH AGED ABOUT YEARS SHOP NO. 24, IDSMT COMPLEX MALUR TOWN, MALUR - 563 130 KOLAR DISTRICT SRI. K. ANJINAPPA S/O KRISHNAPPA AGED ABOUT YEARS SHOP NO. 24, IDSMT COMPLEX MALUR TOWN, MALUR - 563 130 KOLAR DISTRICT SRI. V.S RAGHAVENDRA VAIDYA AGED ABOUT YEARS SHOP NO. 22, IDSMT COMPLEX MALUR TOWN, MALUR - 563 130 KOLAR DISTRICT SMT. RAJAMMA W/O SHIVANNA AGED ABOUT YEARS SHOP NO. 29, IDSMT COMPLEX MALUR TOWN, MALUR - 563 130 KOLAR DISTRICT - 3 - NC: 2025:KHC:16928 WP No. 15480 of 2024 10. SRI. RAMESH S/O LAKSHMAIAH AGED ABOUT YEARS SHOP NO. 27, IDSMT COMPLEX MALUR TOWN, MALUR - 563 130 KOLAR DISTRICT 11. SRI. ANJINAPPA S/O NARAYANAPPA AGED ABOUT YEARS SHOP NO. 26, IDSMT COMPLEX MALUR TOWN, MALUR - 563 130 KOLAR DISTRICT 12. SRI. RAJENDRA VAIDYA AGED ABOUT YEARS SHOP NO. 30, IDSMT COMPLEX MALUR TOWN, MALUR - 563 130 KOLAR DISTRICT 13. SRI. P A SHIVAKUMAR S/O P S ASHOK KUMAR AGED ABOUT YEARS SHOP NO. 16, IDSMT COMPLEX MALUR TOWN, MALUR - 563 130 KOLAR DISTRICT 14. SRI. KRISHNA S/O LAKSHMAIAH AGED ABOUT YEARS SHOP NO. 18, IDSMT COMPLEX MALUR TOWN, MALUR - 563 130 KOLAR DISTRICT 15. SRI RAVINDRANATH S/O GANGAIAH SHETTY AGED ABOUT YEARS - 4 - NC: 2025:KHC:16928 WP No. 15480 of 2024 SHOP NO.15, IDSMT COMPLEX, MALUR TOWN, MALUR - 563 130 KOLAR DISTRICT 16. SRI. M. CHANDRAPPA AGED ABOUT YEARS SHOP NO. 25, IDSMT COMPLEX MALUR TOWN, MALUR - 563 130 KOLAR DISTRICT 17. SRI. B. V GOPALA SHETTY S/O LATE VENKATRAMAIAH SETTY AGED ABOUT 76 YEARS SHOP NO.22, IDSMT COMPLEX MALUR TOWN, MALUR - 563 130 KOLAR DISTRICT (BY SRI. HARISH N.R., ADVOCATE) AND: 1. 2. 3. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BANGALORE - 560 001 THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR - 560 031 THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION KOKLAR - 560 031 … PETITIONERS - 5 - NC: 2025:KHC:16928 WP No. 15480 of 2024 4. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL MALUR TOWN MALURU - 560 130 KOLAR DISTRICT … RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R3; SRI RAMESH KUMAR R.V., ADVOCATE FOR R4)
Decision
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) QUASH THE CIRCULAR ISSUED BY THE R1 BEARING NO. NAE/509/GEL/2014 DATED 14/08/2015 PRODUCED AS ANNEXURE-F TO THE WRIT PETITION AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioners have called in question the correctness of the Circular at Annexure-F and have raised various contentions. Petitioners have also sought for declaration regarding the validity of Rule 39 of the Municipal (Guidance of Officers Grant of Copies and Miscellaneous Provisions) Rules, 1966. Petitioners have also challenged the notices at Annexure - C series. - 6 - NC: 2025:KHC:16928 WP No. 15480 of 2024 2. Petitioners are the occupants of shops belonging to the Municipal Authority, Malur. During their occupancy, the respondent - Authority has initiated proceedings under Section 4(1) of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (for short 'the Act'). Such of the notices have been challenged raising various contentions. 3. It is noticed that the Authority has also taken steps to put to auction the grant of occupancy rights in terms of the resolution dated 27.02.2025. Various conditions including benefit of right of first refusal for existing occupants have been conferred under the said resolution. 4. Learned counsel appearing for the respondent - Authority submits that in terms of the resolution of 27.02.2025, further action would be taken to auction the occupancy rights in light of the procedure prescribed under the Act. - 7 - NC: 2025:KHC:16928 WP No. 15480 of 2024 5. Needless to state the petitioners are entitled to participate in the proceedings initiated and avail of the privileges prescribed and are entitled to put forth their case and have their grievance redressed. 6. Accordingly, challenge to Annexure-C series would not lie. Insofar as the right of the petitioners to continue in occupation, such right would be subject to the outcome of the proceedings initiated by the Authority under the Act. 7. In the interregnum, if pursuant to the resolution dated 27.02.2025, the Authority would put to auction the occupancy rights, petitioners will be at liberty to participate in the same and avail of the right of first refusal, insofar as the rights relating to the shops in occupation, if such shops are not otherwise reserved and allotted for any other purpose. 8. Needless to state the petitioners' possession would be protected till the proceedings under the Act - 8 - NC: 2025:KHC:16928 WP No. 15480 of 2024 reach finality. However, as it is kept open for the petitioners to participate in the auction proceedings, petitioners may exercise their rights in that regard as well. Petitioners to ensure that the arrears of rents are cleared. If the petitioners do not clear the arrears of rents, it would be open for the Authority to seek for striking of the defence in the proceedings under the Act. 9. Accordingly, petition is disposed off. All legal contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP