IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.42853/2019 (LB-RES) Between:
Smt.Nagarathnamma @ Nagarathna, W/o Thammanna, Aged about 58 years, #19, Nayak’s Street, Chamundi Hill, Mysore Taluk, Mysore District – 570 010. ... Petitioner (By Sri. Sridhar A.G., 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 Distrit, Mysuru – 570 001. 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 – 560 001. Represented by its Chief Secretary.
6. The Executive Officer, Sri.Chamundeshwari Temple, Chamundi betta, Mysore – 570 010. ... Respondents (By Sri B.J.Somayaji, Advocate for R1 to 3;
Smt. Prathima Honnapura, AGA for R4 to 6) 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.
This Writ Petition coming on for ‘Orders’ this day, the Court made the following:
ORDER The petitioner, stated to be running a shop situated in the Chamundi Hill complex, has sought for issuance of necessary direction to the respondents not to evict the petitioner from the shop with licence bearing 12/86-87.
2. Learned AGA states that necessary steps have been taken to accommodate the existing licence holders who are running their shops in a different complex that has been put up to accommodate the occupants, and as regards the petitioner herein, shop No. 102 has been allotted in the new complex. Copy of the said allotment letter is enclosed along with a memo. The same is taken on record.
3. Counsel for the petitioner states that his grievance is substantially addressed by virtue of the allotment made. Taking note of the said allotment and submission of the counsel for the petitioner, the petition is disposed off as requiring no further orders. Counsel for the petitioner undertakes that he would shift into the new shop by complying the requisite formalities within a period not later than four weeks from today. Learned AGA submits that this submission be taken note of.
4. Further, in the light of the submission of the counsel for the petitioner, it is made clear that the first respondent to consider and pass necessary orders on the application for licence that is to be issued to the petitioner as regards shop No.102, expeditiously, within a period not later than three weeks of receipt of application by the first respondent.
Accordingly, petition is disposed of as requiring no further orders.
Sd/- JUDGE MGN