IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO.19471 OF 2019 (LB-RES-PIL) BETWEEN:
MALLIKARJUNAIAH S. S/O.B.G.SIDDARAMAIAH AGED ABOUT 44 YEARS BHATTRAHALLI YELANADU POST HULIYAR HOBLI CHIKKANAYAKANAHALLI-572 218 PRESENTLY RESIDING AT #229, RAILWAY LAYOUT R.K.NAGARA, NANDINI LAYOUT BENGALURU-560 096 ... PETITIONER (BY SHRI PAVAN KUMAR G., ADVOCATE) AND:
HULIYAR TOWN PANCHAYAT HULIYAR TOWN-572 218 REPRESENTED BY ITS CHIEF OFFICER ... RESPONDENT (RESPONDENT IS SERVED) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO INITIATE THE PROCESS OF PUBLIC AUCTION OF SHOPS BELONGING TO TOWN PANCHAYAT OF HULIYAR AS PER CIRCULARS ANNEXURES- ‘B’, ‘C’ AND ‘D’ AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioner. The first prayer in this petition which is the main prayer is for compelling the respondent-Town Panchayat to initiate process of public auction of shops vesting in it. Reliance is placed on circulars issued by the Government.
2. Even according to the case of the petitioner, the shops are vesting in the Town Panchayat. A writ Court cannot force Town Panchayat to dispose of the shops.
3. However, if the respondent wants to dispose of the shops vesting in it, it will have to follow a fair and transparent process in accordance with law for disposal of the shops.
4. If the circulars at Annexures-‘B’, ‘C’ and ‘D’ are operative, the respondent is bound to comply with the said circulars.
Subject to what is observed above, no relief can be granted. The petition is accordingly disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE LB