IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.43500/2019 (LB-RES) Between:
Smt. Lakshmi, W/o Chamunda Naik, Aged about 40 years, #163, Nayak’s Street, Chamundi Hill, Mysore District – 570 010. … Petitioner (By Sri A.G. Sridhar, Advocate) And:
1. The Grama Panchayath, Chamundi Hill, Mysuru – 570 010, Represented by its Panchayath Development Officer (PDO), Mysuru – 570 001.
2. The Taluk Panchayat, Mysuru District, Mysuru -570 004, Represented by its Executive Officer (EO).
3. The Zilla Panchayath, Mysuru – 570 004, Represented by its Chief Executive Officer (CEO).
4. The Deputy Commissioner, Mysuru District, Mysuru – 570 001.
5. Government of Karnataka, Vidhana Soudha, Bengaluru, Represented by its Chief Secretary.
6. The Executive Officer, Sri Chamundeshwari Temple, Chamundi Betta, Mysuru – 570 010. … Respondents (By Sri B.J. Somayaji, Advocate for R1 to R3; Smt. Prathima Honnapura, AGA for R4 to R6) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents not to evict/vacate the petitioner from their shop without due process of law and without making any alternative arrangements/accommodation to the petitioner to shift their shops and etc.
This Writ Petition coming on for Preliminary Hearing this day, the Court, made the following:
ORDER Petitioner who is stated to be occupying the shop at Chamundi Hill has obtained licence issued by the 1st respondent. The petitioner apprehends that steps would be taken by the 6th respondent to direct the petitioner to vacate the shop.
2. Learned counsel appearing for respondents 1 to 3 submits that recommendation would be made for allotting an alternative shop if the petitioner vacates the existing shop. It is further submitted that the recommendation would be made to the Executive Officer who is the authority to issue the allotment letter.
3. In light of the stand taken by the respondents, petitioner submits that he is willing to vacate the existing shop if an alternative shop is allotted within a specified time.
4. In light of the submissions made by the learned counsel for the petitioner and respondents, petition is disposed off subject to following:
i) Petitioner to file an affidavit before the 1st respondent containing an undertaking to vacate the shop occupied by him within a period of six weeks from the date of receipt of a certified copy of this order.
ii) Upon receipt of the undertaking, necessary recommendation for allotment of a shop within one week thereafter would be made to the 6th respondent by the 1st respondent.
iii) The 6th respondent on receipt of recommendation of the 1st respondent regarding allotment of alternative shop would complete the process of allotment within a period of three weeks thereafter.
iv) The 6th respondent to issue the allotment letter simultaneous to the vacation of the shop by the petitioner.
It is made clear that the petitioner will be issued the allotment certificate on the date he vacates the present shop premises.
This order is passed in the peculiar facts of the case noting that the name of the petitioner is found in the list of proposed allottees.
Accordingly, the writ petition is disposed off.
Sd/- JUDGE VP