IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.60550/2016 (LB-RES) C/W WRIT PETITION Nos.59938-59945/2016, 60537-60549/2016, 56594-56598/2016, 57348-57361/2016, 53952-53963/2016, 53964-53974/2016, 63919-63925/2016, 62386-62391/2016, 2903-2933/2017 (LB-RES) IN W.P.No.60550/2016:
Between:
Bata India Ltd., Represented by its Authorized Signatory, Mr.Biddappa M.N., Senior District Manager.
Registered Office: 27-B, Camac Street, First Floor, Kolkata – 700 016.
Corporate Office: Bata House, 418/2, Mehruli Gurgaon Road, Sector 17, Gurgaon, Haryana – 122 001.
Regional Office:
Bata India Ltd., No.10, First Floor, 24th Main, 2nd Phase, J.P.Nagar, Bengaluru – 560 078.
Tenant at Shop No.393, 394, 393/1, 2, 3:
BATA Store, Locate at Devaraja Market, Sayyaji Rao Road, Mysuru City – 570 001. ... Petitioner (By Sri.B.S.Nagaraj, Advocate) And:
1. The State of Karnataka, Department of Urban Development Represented by its Principal Secretary, M.S.Building, Dr.B.R.Ambedkar Veedhi, Bangalore – 560 001.
2. The Mysuru Mahanagara Palike, Mysuru City, Mysuru – 570 001.
Represented by its Commissioner.
3. The Deputy Commissioner [Revenue], Mysuru Mahanagara Palike, Mysuru – 570 001.
4. The Superintendent Engineer, Mysuru Mahanagara Palike, Mysuru – 570 001.
5. The Deputy Commissioner, Mysuru District, Mysuru – 570 001.
6. The Commissioner, Department of Archeology, Museums & Heritage, Dasara Exhibition Ground, Doddakere Maidana, Mysuru – 570 001. ... Respondents (By Ms.B.P.Radha, AGA for R1, R5 and R6; Ms.Geetha Devi M.P., Adv., for R2 – R4) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notice dated 21.09.2016 at Annexure – A issued by R-3 Deputy Commissioner [Revenue] Mysuru Mahanagara Palike, Mysuru to petitioner.
IN W.P.Nos.59938-59945/2016:
Between:
1. Mrs. N Asha, Aged about 40 years, W/o Late V Nanda Kumar, R/at No.920, Rama Bai Nagara, Mysuru - 570 001.
Proprietor of Shop No.114, Kum-Kum Merchants, (Notice issued in the Name of Husband: Late Nanda Kumar).
2. Mr.B.G.Manjunath, Aged about 56 years, S/o Late B.S.Gurubasappa, R/at: #3483, 7th A Main, 1st Block, Kanakadasanagara, Dattagalli III Stage, Mysuru - 570 023.
Proprietor of Shop No.390/1 & 2: B.S.Gurubasappa & Sons.
3. Mr.Uday Kumar Gupta, Aged about 30 years, S/o Late G Shankar Prasad, R/at No.1920, 2nd Cross, Wesley Road, Mandi Mohalla, Mysuru - 570 021.
Proprietor of Shop No.13: Vegetarian Fast Food, (Notice issued in the Name of Father: Late G Shankar Prasad) 4. Mrs. S Shameem, Aged about 40 years, W/o Mr.Janab Syed Ahmed Saheb, R/at No.1412, West 10th Cross, Ashoka Road, Lashkar Mohalla, Mysuru – 570 001.
Represented by her GPA Holder Mr.Syed Saleem, S/o Syed Basha, Aged about 47 years, R/at No.223, South Block, Shanthinagar, Mysuru – 570 019.
Proprietor of Shop No.27 (A Block): Kum Kum & Pooja Article Business.
5. Mrs. J H Shobha, Aged about 56 years, W/o Late J.K.Harinath, D/o Late S Dashrath Rao, R/at No.112, Kesare 3rd Stage, R.S. Naidu Nagar, Mysuru – 570 007.
Proprietor of Shop No.251: Coconut Merchants, (Notice issued in Name of Husband Late J.K.Harinath).
6. Mr.H Arjun, Aged about 26 years, S/o Late J.K.Harinath, Kesare 3rd Stage, R.S. Naidu Nagar, Mysuru – 570 007.
Proprietor of Shop No.330:
Flower and Coconut Merchants, (Notice issued in Name of his Grandfather: Late Lakshman Rao).
7. Mr.Deepak Jagatap H, Aged about 32 years, S/o Late J.K.Harinath, Grandson of Late Lakshman Rao, R/at No.112, Kesare 3rd Stage, R.S. Naidu Nagar, Mysuru – 570 007.
Proprietor of Shop No.252: Coconut Merchants, (Notice issued in Name of Grandfather : Late Lakshman Rao).
8. Mr.S.Mahadevamma, Aged about 68 years, D/o Late Honnamma, W/o Joyarappa, R/at: No.299/1, 3rd Cross, Behind Vinuthana Tent, K.N.Pura, Mysuru – 570 019.
Proprietor of Shop No.189, 190/3:
Plantain Merchants (Notice issued in the Name of Mother Late Honnamma). ... Petitioners (By Sri.B.S.Nagaraj, Advocate) And:
1. The State of Karnataka, Department of Urban Development Represented by its Principal Secretary, M.S.Building, Dr.B.R.Ambedkar Veedhi, Bangalore – 560 001.
2. The Mysuru Mahanagara Palike, Mysuru City, Mysuru – 570 001. Represented by its Commissioner.
3. The Deputy Commissioner [Revenue], Mysuru Mahanagara Palike, Mysuru – 570 001.
4. The Superintendent Engineer, Mysuru Mahanagara Palike, Mysuru – 570 001.
5. The Deputy Commissioner, Mysuru District, Mysuru – 570 001.
6. The Commissioner, Department of Archeology, Museums & Heritage, Dasara Exhibition Ground, Doddakere Maidana, Mysuru – 570 001. ... Respondents (By Ms.B.P.Radha, AGA for R1, R5 and R6; Ms.Geetha Devi M.P., Adv., for R2 – R4) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notices dated 21.09.2016 at Annexure – A1 to A8 issued by R-3 Deputy Commissioner [Revenue] Mysuru Mahanagara Palike, Mysuru to P1-8.
IN W.P.Nos.60537-60549/2016:
Between:
1. Mr. Narendra Kumar, S/o Late Sanjeevaiah, Aged about 52 Years, R/at No.3562, 26th Cross, Veeranagere, Lashkar Mohalla, Mysore – 570 001.
Proprietor of Shop No.1, (Block-1 of Devaraja Market): Flower Merchants.
2. Mr. Ibrahim Sharif, S/o Late Mr Mohammed Husain, Aged about 61 Years, R/at #3325/4, Anegundi Road, 4th Cross, Mandi Mohalla, Mysuru – 570 015.
Represented by his GPA Holder: Mr. Sadiq Shariff, Aged about 34 years, S/o Ibrahim Shariff, (Proprietor of Shop No.135:
Flower Merchants Devaraja Market).
3. Mr. Ibrahim Shariff, S/o Late Mohammed Hussain, Aged about 62 Years, R/at #3325/4, Anegundi Road, 4th Cross, Mandi Mohalla, Mysuru – 570 015.
(Proprietor of Shop No.136:
Devaraja Market-Cutlery & Grinding Works) 4. Mr. V. C. Parashiva Murthy, S/o Late V R Channabasappa, Aged about 69 Years, R/at: No.2569, 4th Cross, Hosa Bandikeri-K R Mohalla, Mysuru – 570 001. (Proprietor of Shop No.133:
Devaraja Market Flower Merchant).
5. Mr. M G Nagendra Swamy, S/o Late Gurupadappa, Aged about 52 Years, R/at No.2203, 3rd Cross, Basaveshwara Road, K R Mohalla, Mysuru – 570 001.
Proprietor of Shop No.131:
Puffed Rice & Jaggery Merchants-
Devaraja Market (Notice in the Name of Grand father: Late K Channabasappa).
6. Mrs. Bharathi, W/o Shivananja Nayaka, Aged about 45 Years, Granddaughter of Late Lakshmamma, R/at No.2036/2, Mission Hospital Road, Mandi Mohalla, Mysuru – 570 001.
(Proprietor of Shop No.189-190/2: Devaraja Market Kum Kum Merchants, (Notice issued in Name of his Grand mother: Late Lakshmamma).
7. Mr. Nagesh, S/o Late Shivappa, Aged about 48 Years, Grandson of Late Yellamma, Mission Hospital Road, Mandi Mohalla, Mysuru – 570 001.
(Proprietor of Shop No.191 & 192/1: Plantain Merchants, (Notice issued in Name of his Grand mother: Yellamma).
8. Mr. Lokesh, S/o Late Chinna Buddhi, Aged about 40 years, R/at No.2264, CH 35, 9th Cross, 2nd Main Road, Ashokpuram, Mysuru – 570 008.
Proprietor of Shop No.35(Block-I), (Beatle Leaf Merchants-Devaraja Market (Notice issued in the Name of Father :Late Chinna Buddhi) 9. Mrs. Indumathi V., D/o Late C Vijendra, Aged about 43 Years, Granddaughter of Late Siddamma, R/at No.2264, 9th Cross, 2nd Main Road, Ashokpuram, Mysuru – 570 008.
Proprietor of Shop No.36: Betel Leaf Merchants, (Notice issued in the Name of her Grand mother: Late Siddamma) 10. Mr. P. Siddaraju @ Sunil, S/o Late Puttaraju, Aged about 44 years, Grandson of Late Siddamma, R/at No.2264, CH 35, 9th Cross, 2nd Main Road, Ashokpuram, Mysuru – 570 008.
Proprietor of Shop No.33(Block-I), (Beatle Leaf Merchants-
Devaraja Market (Notice issued in the Name of Grandmother: Late Nanjamma) 11. Mr. Dharmaraj, S/o Late Shankarlal, Aged about 64 Years, R/at No.91, C Layout, 2nd Cross, Bannimantap, Mysuru – 570 001. (Proprietor of Shop No.386/1:
Devaraja Market Photo Frame Works).
12. Mr. Shankar, S/o Late Madappa, Aged about 63 Years, R/at No.660, 21st Cross, Vidyaranyapuram, Mysuru – 570 001.
Proprietor of Shop No.120:
Jaggery Merchants-Devaraja Market, (Notice issued in the Name of Original Lessee: Govinda Setty) 13. Mr. C. Siddaiah, S/o Late Chikka Thammaiah, Aged about 46 Years, R/at No.2264, CH 35, 6th Cross, Ashokpuram, Mysuru – 570 008.
Proprietor of Shop No.15(Block-8), Vegetable Merchants Devaraja Market, (Notice issued in the Name of Original Lessee: Mohammed Ali) ... Petitioners (By Sri.B.S.Nagaraj, Advocate) And:
1. The State of Karnataka, Department of Urban Development Represented by its Principal Secretary, M.S.Building, Dr.B.R.Ambedkar Veedhi, Bangalore – 560 001.
2. The Mysuru Mahanagara Palike, Mysuru City, Mysuru – 570 001.
Represented by its Commissioner.
3. The Deputy Commissioner [Revenue], Mysuru Mahanagara Palike, Mysuru – 570 001.
4. The Superintendent Engineer, Mysuru Mahanagara Palike, Mysuru – 570 001.
5. The Deputy Commissioner, Mysuru District, Mysuru – 570 001.
6. The Commissioner, Department of Archeology, Museums & Heritage, Dasara Exhibition Ground, Doddakere Maidana, Mysuru – 570 001. ... Respondents (By Ms.B.P.Radha, AGA for R1, R5 and R6; Ms.Geetha Devi M.P., Adv., for R2 – R4) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notices dated 21.09.2016 at Annexure – A1 to A3 issued by the R-3, Deputy Commissioner, [Revenue] Mysuru Mahanagara Palike, Mysuru to the petitioners.
IN W.P.Nos.56594-56598/2016:
Between:
1. Mr.Shukoor Ahmed, Aged about 58 years, S/o Mohamed Imam, R/at No.11, 5th Cross, 2nd Main, 2nd Stage, Rajivnagar, Mysuru – 570 019. Proprietor of Shop No.44: Variety Boots.
2. Mr.Kareem Sait, Aged about 51 years, S/o Late Gul Mohammed Sait, R/at #G004, Begonia, Sankalp Central Park, Yadavagiri, Mysuru – 570 020.
Proprietor of Shop No.392 & 416: Ismail Optical Glasses and Frames, [Notice issued in name of Father: Late Gul Mohammed Sait].
3. Mr.B.S.Lakshminarayana Setty, Aged about 70 years, S/o late D.Eshwar Setty, R/at No.228, 4th Cross, 5th Main, Gnyana Marga, Siddhartha Nagara, Mysuru – 570 011.
Proprietor of Shop No.37: Eshwar Medical Stores, [Notice issued in name of Father: Late D.Eshwar Setty].
4. Mr.Ilyas Ahmed, Aged about 40 years, S/o Mr.Abdur Rahman, No.HIG-10, 2nd Cross, Badamkan Layout, Mysuru – 570 007.
Represented by his GPA Holder:
Mr.Mohammed Rafeeq [Aged 52 years], S/o late Abdul Jaleel, No.312, 3rd ‘B’ Main, Suubash Nagar, Mysuru – 570 007.
Proprietor of Shop No.42: Carwan Foot World.
5. Mr.M.N.Nagaraja, Aged about 49 years, S/o late M.V.Narayan Rao, 6. Mr.M.N.Sanjay, Aged about 40 years, S/o late M.V.Narayan Rao, Petitioner No.5 and 6 are R/at No.302, 13th Main, 2nd Cross, Saraswathipuram, Mysuru – 570 004.
Partners of Shop No.46:
Venkatesh Hall Cloth & Hosiery Merchants [Notice issued in name of Grand Father:
Late M.N.Venkata Rao]. .. Petitioners (By Sri.B.S.Nagaraj, Advocate) And:
1. The State of Karnataka, Department of Urban Development Represented by its Principal Secretary, M.S.Building, Dr.B.R.Ambedkar Veedhi, Bangalore – 560 001.
2. The Mysuru Mahanagara Palike, Mysuru City, Mysuru – 570 001.
Represented by its Commissioner.
3. The Deputy Commissioner [Revenue], Mysuru Mahanagara Palike, Mysuru – 570 001.
4. The Superintendent Engineer, Mysuru Mahanagara Palike, Mysuru – 570 001.
5. The Deputy Commissioner, Mysuru District, Mysuru – 570 001.
6. The Commissioner, Department of Archeology, Museums & Heritage, Dasara Exhibition Ground, Doddakere Maidana, Mysuru – 570 001. ... Respondents (By Ms.B.P.Radha, AGA for R1, R5 and R6; Ms.Geetha Devi M.P., Adv., for R2 – R4) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notices dated 21.09.2016 issued by R-3 to petitioner No.1 to 6 at Annexure – A1 to A5.
IN W.P.Nos.57348-57361/2016:
Between:
1. Mr. H V Nagendra, Aged about 56 Years, S/o. Late. Vasudev Setty, R/at No.1375, 2nd Main, 4th Cross, Siddartha Hostel Road, Krishnamurthypuram, Mysuru – 570 004. (Proprietor of Shop No.29: Sri. Lakshmi Textiles, (Notice issued in Name of father: Late Vasudev Setty).
2. Mr. A Nanjunda Babu, Aged about 52 Years, S/o. Late. Anantha Setty, R/at # 964, Jairam Pandit Road, Shivarampete, Mysuru – 570 001.
Proprietor of Shop No.385/1A: Photo Frame Works.
3. Mr. K R Chandrashekar, Aged about 59 Years, S/o. Late. K V Rajagopal Setty, R/at No. 25/1, Banumaiah College Road, K.R. Mohalla, Mysore – 570 001.
Proprietor of Shop No.486:
Photo Frame Works (Notice issued in Name of father: Late. K V Rajagopal Setty) 4. Mr. H. Lakshminarayana, Aged about 65 Years, S/o. Late. Honnappa, No.3833/5, Umar Kayam Road, Tilak Nagar, Mysuru – 570 021. Proprietor of Shop No.172:
Leave (Food) Vending Business.
5. Mr.V Sundar Raj, Aged about 51 Years, S/o. Late. K. Varadraj, R/at No.9/12, 12th Cross, Vinaya Marga, Siddartha Layout, Mysuru – 570 011.
Proprietor of Shop No.115:
V. Sundar Raj Pooja Strore, Kum-Kum Merchants.
6. Mr. T P Arun, Aged about 42 Years, S/o. Late. T. Prasanna Kumar, R/at: No.1947, Raj Kamal Theater Road, Devaraja Mohalla, Mysuru – 570 001.
Proprietor of Shop No.386/2: Photo Frame Works.
7. Mr. V Shyamasundar, Aged about 58 Years, S/o. Late. A Venkataramana Setty, Grandson of Late. B. Adinarayana Setty, R/at No.1076, Shivrampete, Opp: Shankara Market, Mysuru – 570 001.
Proprietor of Shop No.388/1: Books Sellers, (Notice issued to Grand Father: Late. B. Adinarayana Setty).
8. Mr. Syed Najeeb Ahmed, Aged about 43 Years, S/o. Syed Abdul Rasheed, R/at No. 2720, New No.32A, Behind Benki Nawab Street, Mandi Mohalla, Mysuru – 570 021. Proprietor of Shop No.388/2: Prime Stationeries.
9. Mr. T M Uma Mahesh, Aged about 49 Years, S/o. Late. T M Mahadevappa, R/at No.788/39, 9th Cross, Ramanuja Road, Mysuru – 570 004.
Proprietor of Shop No.484 & 485: Canteen (Vegetarian).
10. Mr. N R Bhaskar, Aged about 57 Years, S/o. Late. N C Ramalinga Setty, R/at No. 684, 5th Cross, Papa Ram Street, Nazarbad Mohalla, Mysuru – 570 010.
Proprietor of Shop No.387/2:
Sri. Kanyaka Book Center (Notice issued in Name of Father : Later N C Ramalinga Setty) 11. Mrs. Anusuya, Aged about 60 Years, W/o. Late. Vittal, R/at No. 798, Avalakki Venkatappa Street, Devaraj Urs Road, Mysuru – 570 001. Proprietor of Shop No.487: Vittal Sweets.
12. Mr. C Harish Kumar, Aged about 49 Years, S/o. Late. L. Chikkaiah, R/at No.1204/8, Manasara Road, Indiranagar, Mysuru – 570 010. Proprietor of Shop No.162: Fruit Merchant.
13. Mr.C Neelakanta, Aged about 59 Years, S/o. Late. L Chikkaiah, R/at No.1204/8, Manasara Road, Indiranagar, Mysuru – 570 010.
Proprietor of Shop No.169 & 171 : Fruit Merchant.
14. Mr. C Yadu Kumar, Aged about 43 Years, S/o. Late. L Chikkaiah, R/at No.1204/8, Manasara Road, Indiranagar, Mysuru – 570 010.
Proprietor of Shop No.170:
Fruit Merchant. ... Petitioners (By Sri.B.S.Nagaraj, Advocate) And:
1. The State of Karnataka, Department of Urban Development Represented by its Principal Secretary, M.S.Building, Dr.B.R.Ambedkar Veedhi, Bangalore – 560 001.
2. The Mysuru Mahanagara Palike, Mysuru City, Mysuru – 570 001.
Represented by its Commissioner.
3. The Deputy Commissioner [Revenue], Mysuru Mahanagara Palike, Mysuru – 570 001.
4. The Superintendent Engineer, Mysuru Mahanagara Palike, Mysuru – 570 001.
5. The Deputy Commissioner, Mysuru District, Mysuru – 570 001.
6. The Commissioner, Department of Archeology, Museums & Heritage, Dasara Exhibition Ground, Doddakere Maidana, Mysuru – 570 001. ... Respondents (By Ms.B.P.Radha, AGA for R1, R5 and R6; Ms. Geetha Devi M.P., Adv., for R2 – R4) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notices dated 21.09.2016 at Annexure – A1 to A14 issued by R3 Deputy Commissioner [Revenue] Mysuru Mahanagara Palike, Mysuru to P-1 to 14.
IN W.P.Nos.53952-53963/2016:
Between:
1. Mr. C.Sandeep, Aged about 45 Years, S/o P.Chain Raj, R/at No.168, Manasara Road, Ittige Gudu, Nazarbad Mohalla, Mysuru – 570 010.
Proprietor of Shop No.39: Sindoor Silk International.
2. Mr.R.Hira Chand, Aged about 46 Years, S/o Late Sait.N.Rickab Chand, R/at No.7, 4th Cross, Manasara Road, Ittige Gudu, Nazarbad Mohalla, Mysuru – 570 010.
Proprietor of Shop No.11:
Raj Kamal Enterprises Cloth Merchants, [Notice issued in the name of father: Sait N.Rickab Chand].
3. Mrs.Manjula Devi, Aged about 55 Years, W/o Ramesh D.Jain, R/at No.206/2, New No.K-1/5, Oil Mill Road, K.R. Mohalla, Mysuru – 570 024.
Proprietor of Shop No.23: Meenakshi Silks & Sarees.
4. Mr.Kumar, Aged about 57 Years, S/o Late M.Sangaraju, R/at No.67/2, “Guruprasad”, New Sayyaji Rao Road, Mysuru - 570 004.
Proprietor of Shop No.1/3: Guru Sweet Mart.
5. M/s. Anaga Stationeries (Shop No.12), Represented by its Partner: Mr.K.V.Srinivasa, Aged about 53 Years, S/o Late Vishwanatha Setty, R/at No.CH-3, 2nd Main, 6th Cross, Saraswathipuram, Mysuru – 570 009.
6. Mr.B.R.Pavan (Grandson), Aged about 31 Years, S/o Late M.B.Raghuram, No.949/2, Lakshmipuram, 2nd Main, Post Office Road, Mysuru-570 004 Proprietor of Shop No.36:Lotus Cloth Merchants.
[Notice issued in the name of Grandfather: B.Devoji Rao].
7. Mr. C.Sandeep, Aged about 45 Years, S/o P.C. Raj (P.Chain Raj), R/at No.168, Manasara Road, Ittige Gudu, Nazarbad Mohalla, Mysuru – 570 010.
Proprietor of Shop No.3/95: Kanchi Kamakshi Silks.
8. Mr.S.Raghu Prasad (Grandson), Aged about 39 Years, S/o Late N.Sathyanarayana, R/at No.735/f5, 5th Cross, Ramanuja Road, Fort Mohalla, Mysuru – 570 004.
Proprietor of Shop No.1/2: Narayan Traders (Provision Stores). [Notice issued in name of Grandfather:M.C.Narayanaswamy].
9. Mr.L.Mukesh, Aged about 65 Years, S/o Late Chella Singh Leelaram (C.Leelaram), R/at No.41, “Saikrupa”, 3rd Cross, 4th Main, V.V. Mohalla, Mysuru – 570 002. Proprietor of Shop No.25, Phono & General Agency (Audio, Video CD Seller & Electronics).
10. Mr.P.N.Amarnath, Aged about 45 Years, S/o Late P.R. Nagesh Rao, R/at No.3452/3, Wesley Road, Tilak Nagar, Mysuru – 570 021. Proprietor of Shop No.28:
P.S.R. Fabrics (Cloth Merchants).
11. Mr.P.N.Subramani Rao, Aged about 56 Years, S/o Late P.R.Nagesh Rao, R/at No.3452/3A, Wesley Road, Tilak Nagar, Mysuru – 570 021. Proprietor of Shop No.9:
Ujwal Textorium (Cloth Merchants).
12. Mr.Sharan A Kalro, (Grandson of Late Vasudev Sobhraj), Aged about 26 Years, S/o Ashok V Kalro, R/at Flat No.21, Brindavan Apartments, Akashavani Circle, K.R.S. Road, Mysuru – 570 020. Partner of Shop No.26:
Jai Bharat Hall (Cloth Merchants).
... Petitioners (By Sri.B.S.Nagaraj, Advocate) And:
1. The State of Karnataka, Department of Urban Development Represented by its Principal Secretary, M.S.Building, Dr.B.R.Ambedkar Veedhi, Bangalore – 560 001.
2. The Mysuru Mahanagara Palike, Mysuru City, Mysuru – 570 001.
Represented by its Commissioner.
3. The Deputy Commissioner [Revenue], Mysuru Mahanagara Palike, Mysuru – 570 001.
4. The Superintendent Engineer, Mysuru Mahanagara Palike, Mysuru – 570 001.
5. The Commissioner, Department of Archeology, & Heritage, Dasara Exhibition Ground, Doddakere Maidana, Mysuru – 570 001. ... Respondents (By Ms.B.P.Radha, AGA for R1and R5; Ms.Geetha Devi M.P., Adv., for R2 – R4) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notices dated 21.09.2016 issued by R3 to petitioner No.1 to 12 vide Annexure – A1 to A12.
IN W.P.Nos.53964-53974/2016:
Between:
1. Mr. Mohammed Jaffer Sait, Aged about 73 years, S/o late Abdul Ghani Sait, Represented by his GPA Holder: Mr.Asim Sait, S/o Mohammed Sattar Sait, R/at No.2102, Rajiv Nagar II Stage, II Phase, Mysuru – 570 019.
Proprietor of Shop No.20:Crockery Plaza.
2. Mr.Mohammed Yusuf Sait, Aged about 58 years, S/o late Haji Abdul Ghani Sait, R/at No.881, 8th Cross, N.R.Mohalla, Mysuru – 570 007. Proprietor of Shop No.43: Delight Crockery House.
3. Mr.K.Vishwanatha, Aged about 61 years, S/o late Krishnappa, R/at No.3367, 7th Main, 6th Cross, Tilak Nagar, Mysuru – 570 004.
Proprietor of Shop No.49: American Hair Dressers.
4. Mr.V.Sudhakar, Aged about 53 years, S/o late M.S. Venkataramana, [Grandson of Late M.R.Sheshiah], R/at No.3493/2, 4th Main Road, Tilak Nagar, Mysuru – 570 004.
Proprietor of Shop No.47: Bharath Hair Saloon.
5. M/s. Nama Adinarayana Setty And Sons, Represented by Partner Anand Kumar, Aged about 63 years, S/o late Nama Rama Chandra Setty, [Grandson of late Nama Adi Narayana Setty], R/at No.746/44, Gadi Lakkanna Beedhi, Vinobha Road, Srirampete, Mysuru – 570 001. Proprietor of Shop No.94: Provision Stores Nama Adi Naralyana Setty & Sons.
6. Mrs.T.Bhagya, Aged about 57 years, W/o Channegowda, No.230, 6th Main, Lalith Mahal Nagar, Nazarbad, Mysuru – 570 028. Proprietor of Shop No.16: [Fast Food].
7. Mr.N.Janardhan Setty, Aged about 70 years, S/o late N.Narasimha Setty, R/at No.1472, 3rd Cross, Thyagaraj Road, K.P.Agrahara, K.R.Mohalla, Mysuru – 570 024.
Proprietor of Shop No.93: Provision Stores N.Narasimha Setty & Sons [Grandson’s of Rukkaiah Setty].
8. Mrs.Kusuma Latha, Aged about 49 years, D/o late N.K.Srinivasa Murthy, [Granddaughter of late N.B.Krishnamurthy], R/at No.1903/2, Wesley Road, 2nd Main, Mandi Mohalla, Mysuru – 570 002.
Proprietor of Shop No.21: [Greetings Card & Gift Articles Business].
9. Mr.P.N.Nagaraj, Aged about 59 years, S/o late P.R.Nagesha Rao, [Grandson of Late P.S.Raja Ram Rao], R/at No.3452/3, Wesley Road, Tilak Nagar, Mysuru – 570 004. Proprietor of Shop No.10: P.S.Raja Ram & Sons, [Cloth Merchants].
10. Mr.M.Sadiq Ali, Aged about 83 years, S/o Mahdi Ali, Represented by his GPA Holder, M.Anjum Ali, S/o M.Sadiq Ali, Aged about 58 years, R/at No.737, 1st Main, 3rd Cross, S.S.Nagar, Bannimantap ‘B’ Layout, Mysuru – 570 015.
Proprietor of Shop No.35:
Ali Brothers [General Stores].
11. Mr.H.K.Lakshman Rao, Aged about 62 years, S/o late H.N.Krishna Rao, R/at No.35, 1st Main, Yadhavagiri, Mysuru – 570 020. Proprietor of Shop No.9:
Sharada Medical Stores [Chemist and Druggist]. ... Petitioners (By Sri.B.S.Nagaraj, Advocate) And:
1. The State of Karnataka, Department of Urban Development Represented by its Principal Secretary, M.S.Building, Dr.B.R.Ambedkar Veedhi, Bangalore – 560 001.
2. The Mysuru Mahanagara Palike, Mysuru City, Mysuru – 570 001.
Represented by its Commissioner.
3. The Deputy Commissioner [Revenue], Mysuru Mahanagara Palike, Mysuru – 570 001.
4. The Superintendent Engineer, Mysuru Mahanagara Palike, Mysuru – 570 001.
5. The Commissioner, Department of Archeology, & Heritage, Dasara Exhibition Ground, Doddakere Maidana, Mysuru – 570 001. ... Respondents (By Ms.B.P.Radha, AGA for R1 and R5;
Ms.Smt. Geetha Devi M.P., Adv., for R2 – R4) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notices dated 21.09.2016 issued by R-3 to petitioner No.1 to 12 vide Annexure – A1 to A11and etc., IN W.P.Nos.63919-63925/2016:
Between:
1. Mr. K S Siddalinga Swamy, S/o Late B Channabasappa, Aged about 65 years, R/at No.2802, 2nd Main, Chamundipuram, Opposite to Rajeshwari School, Mysuru – 570 004.
Proprietor of Shop No.130: Jaggery & Puffed Rice Merchants, (Notice issued in Name of Father : Late B Channabasappa).
2. Mr. Kunmmed, S/o Late K K Mohid, Aged about 62 years, R/at No.160, Behind Mutton Market, Aneshorti Road, Devaraja Mohalla, Mysuru – 570 020.
Proprietor of Shop No.38: Maharaja Sports & Music.
3. Mr. S Chandrashekar, S/o Late A Shivananjappa, Aged about 51 years, Grandson of Late Chikkamma, R/at No.1029, (New No.2), Periya Thambi Road, Ittigegudu, Mysore – 570 010.
(Proprietor of Shop No.98:
Pooja Article Merchants, Notice issued in Name of Grand Mother: Late Chikkamma).
4. Mr. A. Abdul Azeez, S/o Late Ummer Kutty, Aged about 45 years, No.40, Behind Police Commissioner’s House, I Cross, Gayathripuram, Nazarbad, Mysuru – 570 004. Represented by his GPA Holder Mohammed Iqbal Ahmed, S/o Mohammed Shah Ali, Aged about 55 years.
R/at No.1345/B, Sir Khazi Road, Mysuru – 570 021.
Proprietor of Shop No.73/A, 73/B, 73: Crockery, Utensils & Bangles Merchants.
5. Mr. M Praveen Kumar, S/o S Mahadev, Aged about 36 years, R/at No.1030, Periya Tambi Road, 3rd Cross, Ittigegudu, Mysuru – 570 010. Proprietor of Shop No.255: Pooja Articles Merchants, (Notice issued in Name of Original Tenant: Govindaiah).
6. Mr. M Suputra, S/o S Mahadev, Aged about 31 years, Periya Tambi Road, 3rd Cross, Ittigegudu, Mysuru – 570 010.
Proprietor of Shop No.256: Pooja Articles Merchants, (Notice issued in Name of Original Tenant::Venkatappa) 7. Mr. K Ravi, S/o Late Ramappa & Late Rajamma, Aged about 49 years, R/at No.474, 13th Main, Saraswathipuram, Mysuru – 570 009.
Proprietor of Shop No. 36(Block-II) (Notice issued in Name of Original Tenant: Nawabjan).
(By Sri.B.S.Nagaraj, Advocate) And:
1. The State of Karnataka, Department of Urban Development Represented by its Principal Secretary, ... Petitioners M.S.Building, Dr.B.R.Ambedkar Veedhi, Bangalore – 560 001.
2. The Mysuru Mahanagara Palike, Mysuru City, Mysuru – 570 001.
Represented by its Commissioner.
3. The Deputy Commissioner [Revenue], Mysuru Mahanagara Palike, Mysuru – 570 001.
4. The Superintendent Engineer, Mysuru Mahanagara Palike, Mysuru – 570 001.
5. The Deputy Commissioner, Mysuru District, Mysuru – 570 001.
6. The Commissioner, Department of Archeology, Museums & Heritage, Dasara Exhibition Ground, Doddakere Maidana, Mysuru – 570 001. ... Respondents (By Ms.B.P.Radha, AGA for R1, R5 and R6; Ms.Geetha Devi M.P., Adv., for R2 – R4) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notices dated 21.09.2016 issued by R-3 to petitioner.
IN W.P.Nos.62386-62391/2016:
Between:
1. Dr.Venkatesh Joshi, Aged about 68 years, S/o Hanumantha Joshi, R/at No.B-2, Diamond Block, Sankalp Moni Mandira, Dewans Road, Lakshmi Puram, Mysuru – 570 004.
Dr.Joshi’s Eye Clinic, [Shop No.30, 31, 74 to 76 and 187- Of Devaraja Market – Eastern Side].
2. Sri.M.V.Narashima Murthy, Aged about 52 years, S/o late Venkatappa, R/at #672, K.T.Street, Kamatageri, Mandi Mohalla, Mysuru – 570 021.
(Shop No.127: Jaggery and Puri Merchant).
3. Sri.N.M.Raju, Aged about 54 years, S/o late Maribasappa, R/at #754, 6th Cross, Ramanuja Road, K.R.Mohalla, Mysuru – 570 004.
(Shop No.129: Jaggery and Puri Merchant – Devaraj Market).
4. Smt. Shashi Guptha, Aged about 59 years, W/o Dharamraju, R/at No.91, ‘C’ Layout, 2nd Cross, Bannimantapa, Mysuru – 570 001.
(Shop No.101: Puri Merchant, Devaraja Market).
5. Smt.L.Gayathri Bai, Aged about 70 years, W/o late E.Ramakrishna, R/at No.1360, Sarkaji Street, Mandi Mohalla, Mysuru – 570 021.
(Shop No.327: Flower Merchant Devaraja Market).
6. Sri.Chikkaswamy, Aged about 42 years, S/o late Channaiah, R/at No.159, Kamanakere Hundi Road, (Tank Road) Kasba Hobli, Ramanahally Village and Post, Mysuru Taluk – Shop No.88-
Devaraja Market Fruit Merchants, [Notice issued in the name of Original Lessee:T.Mahadevu] ... Petitioners (By Sri.B.S.Nagaraj, Advocate) And:
1. The State of Karnataka, Department of Urban Development Represented by its Principal Secretary, M.S.Building, Dr.B.R.Ambedkar Veedhi, Bangalore – 560 001.
2. The Mysuru Mahanagara Palike, Mysuru City, Mysuru – 570 001.
Represented by its Commissioner.
3. The Deputy Commissioner [Revenue], Mysuru Mahanagara Palike, Mysuru – 570 001.
4. The Superintendent Engineer, Mysuru Mahanagara Palike, Mysuru – 570 001.
5. The Deputy Commissioner, Mysuru District, Mysuru – 570 001.
6. The Commissioner, Department of Archeology, Museums & Heritage, Dasara Exhibition Ground, Doddakere Maidana, Mysuru – 570 001. ... Respondents (By Ms.B.P.Radha, AGA for R1, R5 and R6; Ms.Geetha Devi M.P., Adv., for R2 – R4) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notices dated 21.09.2016 at Annexure – A1 to A6 issued by R3 Deputy Commissioner [Revenue] Mysuru Mahanagara Palike, Mysuru to the petitioners, in No.R8(3)PR/14/2016-17.
IN W.P.Nos.2903-2933/2017:
Between:
1. Mr. N S Sunil Kumar, Aged about 50 years, S/o N Sundar Raju, R/at No.1940/A, Kotwal Ramiah Street, Devaraja Mohalla, Mysuru – 570 001.
Proprietor of Shop No.457: Areca Nut Merchant.
2. Mr. P Mahadevu, Aged about 58 years, S/o Late Kunari Papanna, R/at No.165, II Cross, Railway Layout, Vijayanagara, Mysuru – 570 020.
Proprietor of Shop No.324: Flower Merchants.
3. Mr. V M Rajashekar, Aged about 51 years, S/o Late V R Muthuswamy, R/at No.1036/34, F7, 4th Main, 8th Cross, Vidyaranyapuram, Mysuru – 570 010. Proprietor of Shop No.63: Vegetable Merchant.
4. Mr. N Mallesha, Aged about 63 years, S/o Late Nanjaiah, R/at No.1935, Pache Road, 4th Cross, K Block, Kuvempu Nagara, Mysuru – 570 023. Proprietor of Shop No.259: Coconut Merchant.
5. Mr. K N Nagaraja Setty, Aged about 70 years, S/o Late K Narayana Setty, R/at No.348, II Stage, 14th Main, Nyaya Marga, Siddhartha Nagara, Mysuru – 570 011.
Proprietor of Shop No.142: Bangle Merchant.
6. Mr. K N Nagaraja Setty, Aged about 70 years, S/o Late K Narayana Setty, R/at No.348, II Stage, 14th Main, Nyaya Marga, Siddhartha Nagara, Mysuru – 570 011.
Proprietor of Shop No.143: Bangle Merchant.
7. Mr. N Sundara Raju, Aged about 81 years, S/o Late Adinarayana Setty, R/at No.1940/A, Kotwal Ramiah Street, Devaraja Mohall, Mysuru – 570 001.
Proprietor of Shop No.250: Areca Nut Merchant.
8. Mr. J Sudakar, Aged about 48 years, S/o Late H S Janaki Ram, R/at No.3374, 3rd Cross, 7th Main, Thilak Nagar, Mysuru – 570 021.
Proprietor of Shop No.430: Hair Saloon.
9. M/s. G Shankar & Brothers, Represented by its Proprietor Mr. G Shankar, Aged about 70 years, S/o Late Gujjaiah, R/at No.200/1B, Patangara Beedhi, Mandi Mohalla, Mysuru – 570 021.
Proprietor of Shop No.237/1: Flower Merchant.
10. Mr. N Sundara Raju, Aged about 81 years, S/o Late Adinarayana Setty, R/at No.1940/A, Kotwal Ramiah Street, Devaraja Mohall, Mysuru – 570 001.
Proprietor of Shop No.249: Areca Nut Merchant, [Notice issued in name of father: Late Adinaryana Setty].
11. M/s. G Shankar & Brothers, Represented by its Prop: Mr.Chandra G, Aged about 62 years, S/o Late Gujjaiah, R/at No.3566, Matapedia Beedhi, Veeranagere, Lashker Mohalla, Mysuru – 570 001.
Proprietor of Shop No.237:
Pooja Articles Merchant.
12. Mr. Syed Gouse, Aged about 62 years, S/o Late Syed Gaffar, R/at No.55, Lions Bhavan Road, Mysuru - 570 001.
Proprietor of Shop No.30 (Block.2), Flower Merchant.
(Notice issued in Name of Father : Late Syed Gaffar.
13. Mrs. E Mohan Kumari, Aged about 54 years, D/o Late Eshwar, Granddaughter of Late Karigowda, R/at No.18/1, M N Jois Road, Chamaraja Mohalla, Mysuru – 570 024. Proprietor of Shop No.242: Flower & Vessels Merchant.
[Notice issued in Name of grandfather: Late Karigowda].
14. Mr. Ahmed Baig, Aged about 46 years, S/o Late Nawabjan, R/at No.3329, Annae Gundi Road, 2nd Ediga, Mandi Mohalla, Mysuru – 570 001.
Proprietor of Shop No.37 (Block No.2), Flower & Vessels Merchant, (Notice issued in Name of his Father: Late Nawabjan).
15. Mr Firoz Khan, Aged about 49 years, S/o Late Rahman Khan, R/at No.198/A, Near B. B. Ayesha Hospital, Subash Nagar, Mysuru – 570 007. Proprietor of Shop No.457/1: Areca Nut Merchant.
16. Mr. Prakash, Aged about 30 years, S/o Mangilal, Grandson of Late Vlachand, R/at No.2856/1l, Hallada Kere Main Road, Mysuru – 570 001.
Proprietor of Shop No.8:
Textile Merchant.
(Notice issued in Name of Grandfather : Late Valchand).
17. Mr. K Kenchaiah, Aged about 73 years, S/o Kenchegowda, 18. Mr. K Ramesh, Aged about 45 Years, S/o Late Kenchegowda, Petitioner No.17 & 18 are R/at No.547, 2nd Cross, Kamatageri, Nazarbad, Mysuru – 570 001.
Proprietor of Shop No.391/1: Sweet Merchant.
19. Mr. L Srinivas Murthy, Aged about 56 years, S/o Lakshmana, R/at No.3636 L-5, Veranagere, Mantapadha Beedhi, Mysuru – 570 007. Proprietor of Shop No.145:
Flower Merchant.
(Notice issued in Name of Principal Tenant: Late P Srinivas Rao).
20. Mr. Syed Hussain, Aged about 52 years, S/o Late Syed Ahamed, R/at No.11, Azeez Sait Nagar, 2nd Cross, Mysuru – 570 019. Proprietor of Shop No.440:
Fruits Merchant.
(Notice issued in Name of Principal Tenant: Mohammed Mansoor) 21. Mr. Syed Kareem, Aged about 69 years, S/o Late Syed Gaffar, R/at No.06, Bangalore Road, Bannimantap C Layout, Mysuru - 570 015.
Proprietor of Shop No.140:
Flower & Fruits Merchant.
(Notice issued in Name of Principal Tenant: Mohammed Dawood).
22. Mr. G Shankar, Aged about 70 years, S/o Late Gujjaiah, R/at No.200/1B, Patangara Beedhi, Mandi Mohalla, Mysuru – 570 001.
Proprietor of Shop No.238:
Flower Merchant.
(Notice issued in Name of Principal Tenant: M R Puttaiah).
23. Mr. Chandra G., Aged about 62 years, S/o Late Gujaiah, R/at No.3566, Mantapada Beedhi, Veeranagere, Lashker Mohalla, Mysuru – 570 001.
Proprietor of Shop No.3 (Block-I): Flower Merchant.
(Notice issued in Name of Principal Tenant: Gundanayak).
24. Mr. Syed Mujmil, Aged about 28 years, S/o Syed Gouse, R/at No.55/1, 1st Cross, Bamboo Bazaar, Mysuru – 570 001.
Proprietor of Shop No.15 (Block-II): Flower Merchant, (Notice issued in Name of Principal Tenant: Syed Mir).
25. Mr. Syed Ahmed, Aged about 52 years, S/o Syed Gafar, R/at No.81, Flat No.105, 1st Floor, Prakruthi Foundation, Vishveshwaraiah Nagara, Mysuru – 570 008.
Proprietor of Shop No.29 (Block-II): Flower Merchant.
(Notice issued in Name of Principal Tenant: Syed Gafar).
26. Mr. Syed Kareem, Aged about 69 years, S/o Late Syed Gaffar, Grandson of Late Mohammed Dawood, R/at No.06, Bangalore Road, Bannimantap ‘C’ Layout, Mysuru – 570 015.
Proprietor of Shop No.141:
Fruits Merchant.
(Notice issued in Name of Principal Tenant: Mohammed Dawood).
27. Mr. Syed Hussain, Aged about 56 years, S/o Late Syed Gaffar, R/at No.2663, 2nd Stage, 2nd Phase, Rajeev Nagara, Mysuru – 570 019.
Proprietor of Shop No.16 (Block-II): Flower & Fruits Merchant.
(Notice issued in Name of Principal Tenant: Late Syed Rahim).
28. Mr. Sanjay G S., Aged about 38 years, S/o Mr. G Shankar, R/at No.200/1B, Patagara Beedhi, Mandi Mohalla, Mysuru - 570 001.
Proprietor of Shop No.24 (Block-I): Flower Merchant.
(Notice issued in Name of Principal Tenant: B R Gangadhar).
29. Mr. R Radhakrishna Setty, Aged about 60 years, S/o Late K Ramaswamy Setty, R/at No.E218, 1st Stage, 2nd Cross, Kuvempu Nagara, Mysuru – 570 023. Proprietor of Shop No.116:
Pooja Articles Merchant.
30. Mr. R Bhagavan Setty, Aged about 58 years, S/o Late K Ramaswamy Setty, R/at No.138, 2nd Stage, KHB Colony, Kuvempu Nagara, Mysuru – 570 023.
Proprietor of Shop No.10 (Block-I): Supari Merchant.
(Notice issued in Name of Principal Tenant: S Anvar Khan).
31. Mr. R. Radhakrishna Setty, Aged About 58 years, S/o Late K Ramaswamy Setty, R/at No.E218, 1st Stage, 2nd Cross, Kuvempu Nagara, Mysuru – 570 023. Proprietor of Shop No.126:
Jaggery Merchant. (Notice issued in Name of Principal Tenant:
A.Abdul Kadar). ... Petitioners (By Sri.B.S.Nagaraj, Advocate) And:
1. The State of Karnataka, Department of Urban Development Represented by its Principal Secretary, M.S.Building, Dr.B.R.Ambedkar Veedhi, Bangalore – 560 001.
2. The Mysuru Mahanagara Palike, Mysuru City, Mysuru – 570 001.
Represented by its Commissioner.
3. The Deputy Commissioner [Revenue], Mysuru Mahanagara Palike, Mysuru – 570 001.
4. The Superintendent Engineer, Mysuru Mahanagara Palike, Mysuru – 570 001.
5. The Deputy Commissioner, Mysuru District, Mysuru – 570 001.
6. The Commissioner, Department of Archeology, Museums & Heritage, Dasara Exhibition Ground, Doddakere Maidana, Mysuru – 570 001. ... Respondents (By Ms.B.P.Radha, AGA for R1, R5 and R6; Ms.Geetha Devi M.P., Adv., for R2 – R4) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notices dated 21.09.2016 at Annexure – A1 to A30 issued by R-3 to the petitioners in No.R8(3)PR/14/2016-17.
These Writ Petitions coming on for Orders this day, the Court made the following:
O R D E R The petitioners have challenged the legality and validity of the notices dated 21.09.2016 issued by respondent No.3, whereby respondent No.3 has called upon the petitioners to vacate the shops at Devaraja Market.
2. The notices further enumerate that in the light of collapse of portion of Devaraja Market in the northern side and the middle portion, as a precautionary measure and in order to restore the said market pursuant to the order of the Commissioner, the occupants have been directed to vacate and hand over possession.
3. The petitioners state that they have been in occupation and carrying on business for a long period of time and further contend that the Devaraja Market is an ancient building having heritage value and that there is a possibility of restoration and preservation of the building. The petitioners at the time of arguments have sought for a remedy as regards private rights and submit that an alternate arrangement has to be made when action for renovation is initiated and the petitioners further contend that there cannot be any forcible dispossession of the petitioners except in accordance with law.
4. Ms.Geetha Devi.M.P, learned counsel appearing for respondent Nos.2 to 4 has filed detailed statement of objections in W.P.Nos.53964-974/2016 and submits that the petitioners are not entitled to any relief by setting forth issues relating to conservation of heritage structures as damage of the building was caused by action of petitioners themselves.
5. It is further submitted by counsel appearing for respondent Nos. 2 and 4 that efforts for restoration of the building have failed. Though by a decision on 30.11.2011 had taken steps for restoration and work was entrusted for that purpose to M/s.Savani Construction Co. Ltd., same could not be completed due to the wide spread damage caused to the building. It is also stated that the portion of the Devaraja Market on the northern entrance had collapsed on 28.08.2016 and subsequent to such collapse, Task Force was directed to inspect the market and furnish a report as regards steps to be taken for restoration. The report of the Task Force has been produced at Annexure-R1 and the report concludes that it would be a futile exercise to restore the building and it has recommended that the entire structure should be dismantled and reconstructed by retaining the original heritage structure. Accordingly, it is submitted that action has been initiated to vacate the tenants to facilitate demolition. It is further submitted that the petitioners have no vested right to continue in possession.
6. Respondent No.1-State has also filed statement of objections in W.P.No.60550/2016 and they have taken a stand that the building itself not being safe, necessary action is sought to be initiated under the provisions of the Karnataka Municipal Corporation Act, 1976.
7. It is further stated that the building is not notified by the Department of Archaeology, Museums and Heritage and hence, it is not a protected structure. It is stated that the building is old and unsafe and there is a possibility of danger to the lives of the public and though the building is listed by Archaeology Department, it is not notified in the Gazettee as is necessary and hence, it is not a declared and notified heritage building. It is further submitted that appropriate action would be initiated to implement the recommendations of the task force while it is for the municipal authority to take action as regards the tenants.
8. This Court, by an order dated 25.01.2017 had directed the Deputy Director, Department of Ancient Monuments and Heritage, Mysuru, to file an affidavit, after observing that no notification was issued by the State despite power being available under Section 4 of the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961, to issue notification for conferring status of protected structures. Further, an affidavit has come to be filed by the incharge Deputy Director of the Department of Ancient Monuments and Heritage, Mysuru and it is stated that no doubt, Devaraja Market is a heritage building that it has been listed as a heritage building in the Master Plan-II-2031, Mysuru-Nanjangud Local Plan Area, but it has not been officially declared so and that they would abide by the report made by the Task Force.
9. In so far as the petitioners contention, it is to be noted that the jurisdiction to decide as to the rights of the petitioners is admittedly to be dealt under the provisions of the Karnataka Public Premises Eviction of Unauthorised Occupants Act, 1974, (‘the Act’ for short). In fact, respondent No.2-Mysuru Mahanagara Palike has initiated proceedings against some of the petitioners by issuing notices under Section 4(1) of the Act for recovering of possession from the occupants. In so far the protection of Devaraja Market is concerned, matter is to be dealt with independently without imposing restriction on Mysuru City Corporation with respect to the power conferred to take appropriate steps for eviction of the petitioners in accordance with law.
10. The petitioners claim that the rights to livelihood are intertwined with their occupation and further contend that the possession could be recovered only after following due process.
11. In so far as the private rights of the petitioners to protect and continue their occupation, liberty is reserved to the petitioners to place such contentions as regards their rights in proceedings that are already initiated or to be initiated by Mysuru City Corporation under the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974, (referred to as ‘the Act’). The protection of the Devaraja Market and the private rights of the petitioners to remain in possession are to be treated distinctly.
12. The private rights of the petitioners are subject to the process of law to be set into motion or already set into motion by Mysuru City Corporation. It is stated by the learned counsel for Mysuru City Corporation that the dispossession of the petitioners will be strictly in accordance of the provisions of the applicable law providing for eviction of the petitioners.
13. Accordingly, in the light of the stand taken, by the Municipal authorities, it would not be appropriate to pass any order adjudicating the rights of the petitioners to continue in possession in the present proceedings.
14. Respondent No.2-Mysuru Mahanagara Palike is at liberty to initiate proceedings under the Act. If no proceedings have been initiated against some of the petitioners, they would also decide as to whether to resume proceedings where notices have already issued against the petitioners under the Act or to initiate fresh action against them under the provisions of the Act, for recovery of possession from the petitioners. All rights and contentions of the parties are kept open.
15. In so far the second aspect of the matter relating to the preservation of the Devaraja Market, the same requires careful consideration. No doubt, it is contended by the learned Additional Government Advocate as well as the learned counsel appearing for Mysuru Mahanagara Palike that in the guise of obtaining orders as regards private reliefs, the petitioners are making a case for protection of Devaraja Market. However, the issue relating to the protection of Devaraja Market and its restoration, is a matter that requires to be taken note of and dealt with appropriately.
16. As observed earlier, subsequent to the collapse of portion of Devaraja Market on 28.08.2016, Task Force was directed to inspect Devaraja Market and submit a report, which has been published and is produced at Annexure-R1 along with the statement of objections filed by the State. The said report though concludes that no purpose would be served by attempting to restore the building but has noticed that no appropriate measures have been taken to preserve the building and the restoration work was also found to be faulty.
17. The conclusion of the Task Force is unambiguous. The question as to whether some portions at least having heritage value and of architectural significance could be retained, is a matter that would have to be re-looked also noting that in fact the building has been considered to be a heritage building, as noted supra, though there was no notification as regards the same in terms of Section 4 of the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961. It would be appropriate to lean towards exploring the possibilities of preservation of the heritage of the Devaraja Market. Such preservation of heritage would not only result in preservation of the aesthetics of the structure but would also be an insight into the historical memory of material and building practices.
Considering such above-referenced need, it would be appropriate to direct the Special Heritage Committee to have a re-look, prior to taking steps towards demolition of the Devaraja Market, as to whether whole or portions of the said building would be restored. The above- referenced Special Heritage Committee has been contemplated under the Master Plan-II-2031 and consists of the following:
Table 11-1: Special Heritage Committee 1. Deputy Commissioner, Mysuru District 2. Commissioner, Mysuru City Corporation, Mysuru 3. Commissioner, Mysuru Urban Development Authority, Mysuru 4. The Chief Officer, Nanjangud Town Municipal Council, Nanjangud 5. Joint Director-Town Planning/ Deputy Director-Town Planning, Mysuru City Corporation, Mysuru 6. Deputy Director of Archeology, Heritage & Museum, Mysuru An Architect/Urban Designer/ Urban 7. Planner having experience in the field of Urban Design with a minimum experience of 10 years, (Nominated by the Authority) Chairman Member Member Member Member Member Member 8. A Structural Engineer with a minimum experience of 10 years (Nominated by the Authority) Member 9.
Town Planner Member, Mysuru Urban Development Authority, Mysuru Member Secretary 18. In light of the report of the Task Force already being available, the Committee is at liberty to obtain expert advice from concerned experts. However, an expeditious decision should be taken so as to ensure a quietus to the controversy on hand. It is made clear that the Special Heritage Committee proceedings would not act as a fetter on the power of the Municipal Authority to take action as per law as regards the occupants/tenants as observed supra. It is also open to the authority to take appropriate measures as per law if measures are warranted to prevent loss of life, in light of the submission made that the building is fragile and accidents including collapse of building, cannot be ruled out.
19. The decision relating to the restoration/demolition/re-construction must be taken at the earliest within a period not later than three months from the date of release of the order. The consideration by the Special Heritage Committee must be done in an appropriate manner keeping in mind the importance of preservation of Heritage.
20. It is also clarified that in light of the existing state of affairs of the building, taking note of the age of the building and portions of the building already having collapsed, proceedings to be initiated by Mysuru City Corporation should be in an expeditious manner so as to prevent any possible loss of lives and it is expected that in public interest, the petitioners for their own safety would also co-operate in the expeditious disposal of the proceedings initiated or to be initiated by Mysuru City Corporation for the recovery of the possession.
21. Mysuru City Corporation is to conclude the proceedings either initiated or to be initiated within a period not later than six months from the date of release of this order. However, rights of the petitioners regarding right of re-allotment, rehabilitation etc. in accordance with law, is kept open, without expressing any opinion on the merits of the contentions.
22. Accordingly, these petitions are disposed of subject to the above observations.
Sd/- JUDGE KPS/RS