1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE A.S.BOPANNA WRIT PETITION NO.54068 OF 2017 (GM - PP) BETWEEN:
H.T. NARASIMHAMURTHY S/O THAMMAPPA AGED ABOUT 42 YEARS SHOP NO.303, S.L.N. TRADERS B.M.ROAD, OPPOSITE MESCOM CHANNARAYAPATANA HASSAN DISTRICT R/AT: DOOR NO.1412 NEAR VIVEKANANDA SCHOOL RAGHAVENDRA SAW MILL ROAD GAYITHRI EXTENSION CHANNARAYAPATTANA TOWN HASSAN DISTRICT – 573 201 (BY SRI.GIRISH B BALADARE, ADV.) AND:
TOWN MUNICIPAL COUNCIL CHANNARAYAPATANNA CHANNARAYAPATANNA TQ HASSAN DISTRICT REPRESENTED BY ITS CHIEF OFFICER ... PETITIONER CHANNARAYAPATANA HASSAN DISTRICT – 573 201 ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 01.10.2016 PASSED BY THE RESPONDENT, CHANNARAYAPATNA AS PER ANNEXURE – D AND DIRECTED THE RESPONDENT TO CONTINUE THE PETITIONER IN SAID SHOP PREMISES.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is before this Court assailing the order dated 01.10.2016 impugned at Annexure-D to the petition.
2. The said order is passed by the Competent Authority under the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974. Against such order passed an appeal is provided to the District Judge under the said Act. Hence, the petitioner is required to avail the remedy of an appeal.
3. If the petitioner is in possession as on today, the status-quo shall be continued for a period of three weeks, by which time the petitioner shall avail the remedy of an appeal.
4. Registry to return the papers, if any, sought by the petitioner.
Petition is accordingly disposed of.
Sd/-
JUDGE GH