IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.13/2019 (LB-BMP) BETWEEN:
JAYANAGARA SHAIKSHANIKA SAMITHI REGISTERED OFFICE AT NO.301 10TH MAIN ROAD, 3RD BLOCK JAYANAGAR BANGALORE-560 001 REP. BY ITS PRESIDENT DR.K.S.SAMEER SIMHA S/O.LATE K.SUBBA RAO AGED ABOUT 71 YEARS ...APPELLANT (BY SRI SHAMRAO SHARANAPPA, ADVOCATE) AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE CORPORATION BUILDING N.R.SQUARE BANGALORE-560 002 REP. BY ITS COMMISSIONER 2. MAYOR BRUHAT BANGALORE MAHANAGARA PALIKE KEMPEGOWDA CITIZENS AUDITORIUM, N.R.SQUARE BANGALORE-560 002 3. KOUSTHUBHA PRATHISTAN NO.12, 1ST FLOOR, 14TH MAIN 3RD BLOCK EAST, JAYANAGARA BANGALORE-560 011 …RESPONDENTS (BY SRI K.V.MOHAN KUMAR FOR R1;
R2 IS DELETED VIDE ORDER DATED 13.02.2019; R3 IS SERVED AND UNREPRESENTED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURTS ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 05.12.2018 PASSED BY THE LEARNED SINGLE JUDGE IN WP.NO.46102/2018.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
J U D G M E N T Appellant (writ petitioner before the learned Single Judge) is occupant of the premises owned by the Bruhat Bengaluru Mahanagara Palike (‘BBMP’ for short).
2. The BBMP initiated proceedings under the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (‘the Act’ for short) seeking petitioner’s eviction. Petitioner challenged the resolution passed by the BBMP seeking eviction of the petitioner in the writ petition. The Hon’ble learned Single Judge has dismissed the writ petition observing that the respondents are entitled to recover possession from the petitioner in accordance with the provisions of the Act.
3. Learned Counsel for the appellant submits that the said resolution was not passed in accordance with law.
4. Sri K.V.Mohan Kumar, learned Counsel for the BBMP submits that the proceedings have been initiated under the Act and the notices have already been issued.
In the circumstances, we see no ground to interfere with the order passed by the Hon’ble Single Judge. Accordingly, this appeal is disposed of with a liberty to the appellant to urge all contentions before the Authority under the Act.
In view of disposal of the appeal, I.A.Nos.1 and 2 of 2019 do not survive for consideration and the same stand disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE LB