IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R DEVDAS W.A No.1204/2018 & W.A.Nos.1205 – 1217/2018 (LB - RES) Between:
1. Smt.Rukmini w/o Sri Channegowda Aged about 47 years Occupation : Bangle Stores r/a Channakeshava Gowda Street, Belur Town Hassan District – 573115.
2. Mr.Abdul Rasheed s/o Mr.Mohammed Jamaal Sab aged about 64 years Occupation : Provision Stores r/a Hole Beedhi, Belur Town Hassan District – 573115.
3. Sri Hanumanthaiah s/o late Sri Venkatachalaiah Aged about 64 years Occupation : Bakery Business r/a Hole Beedhi, Belur Town Hassan District – 573 115.
4. Sri Gangaraju M R s/o Sri Rangegowda Aged about 33 years Occupation : Coconut & Banana Business r/a Hole Beedhi Belur Town, Hassan District – 573115.
5. Mr.Aizaz Pasha s/o Mr.Mohammed Ghouse Aged about 70 years Occupation : Mobile Shop r/a Kottanagere Beedhi Belur Town, Hassan District – 573115.
6. Sri Veerabhadregowda B S s/o Sri Sathyappa Gowda Aged about 56 years Occupation : Mobile Shop r/a Durganagara, 14th Cross Belur Town, Hassan District – 573115.
7. Sri Manjunath s/o Sri Basava Shetty Aged about 30 years Occupation : Vegetable Vendor r/a Devanga Beedhi Belur Town, Hassan District – 573115.
8. Sri K G Kumar s/o Sri Honnegowda Aged about 38 years Occupation : Vegetable Vendor r/a Gurappa Gowdara Beedhi Belur Town, Hassan District – 573115.
9. Smt.Gowramma w/o Sri Puttaswamy aged about 50 years Occupation : Vegetable Vendor r/a Behind K E B Office Belur Town, Hassan District – 573 115.
10. Mr.Musharath Pasha s/o Mr.Salar Jan Aged about 45 years Occupation : Vegetable Vendor r/a Hole Beedhi, Belur Town Hassan District – 573115.
11. Sri Ramesh H N s/o Sri Nagesh Aged about 36 years r/a Devanga Beedhi 2nd Cross, Mustaff Street Belur Town, Hassan District – 573115.
12. Smt.Chandrakala w/o Sri Lakshmana Gowda Aged about 40 years Occupation : Egg Shop r/a Hole Beedhi, Belur Town Hassan District – 573115.
13. Mr.Rizwan Pasha s/o Mr.Abdul Sameed Aged about 42 years r/a Kottageri Street Near Raghavendra Temple Belur Town, Hassan District – 573115.
14. Sri B T Ramesha s/o Sri Thimmaiah Aged about 41 Years r/a Lakshmipura Layout Belur Town, Hassan District – 573115. .. Appellants (By Sri C R Gopalaswamy, Advocate) And :
1. State of Karnataka Urban Development Department Rep. by its Secretary Vidhana Soudha Bengaluru – 560 001.
2. Belur Town Municipality Represented by Chief Officer Belur Town, Hassan District – 573 115.
3. The Chief Officer Belur Town Municipality Belur, Hassan District – 573 115.
4. Sri B Girisha s/o Sri S Borannagowda Aged about 53 years r/a No.40-8, Holebeedhi Belur Town, Hassan District – 573115.
(deleted v/c/o dtd:24.4.2019) ..Respondents (By Smt.R Anitha, HCGP for R1 Sri A Nagarajappa, Advocate for R2 and R3 R4 – deleted v/c/o dated 24.4.2019) These Writ Appeals are filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the judgment and order passed by the learned Single Judge of this Hon’ble Court dated 6.12.2017 vide WP Nos.18343-356/2017 consequently allow the writ petitions.
These Writ Appeals coming on for preliminary hearing this day, DEVDAS J, delivered the following:
JUDGMENT With the consent of the learned counsels appearing on both the sides, the matter is takenup for final disposal.
2. The appellants are before this Court challenging the auction notified for leasing of municipal shops at Belur Municipality, Hassan District and the order of the learned Single Judge in WP Nos.18343 – 18357/2017 dated 6th December, 2017.
3. As seen from the order passed by the learned Single Judge, an interim order was passed on 1.9.2017 during proceedings of the writ petitions and the learned Single Judge permitted the Belur Municipality to open bids in auction held on 27.4.2017 and place the result of the same before this Court. Accordingly, learned counsel for the Town Municipality filed a memo before the learned Single Judge on 10.10.2017 and placed the proceedings of auction of 22 shops in question and submitted before the Court that the lease rentals of the said shops in question given by the bidders is seven times more than the earlier lease rentals being paid by the present petitioners. Having considered all these aspects, the writ petitions were dismissed.
4. Learned counsel for the appellants would submit that though the period of lease has expired, the respondent/Municipality cannot be permitted to evict the appellants without due process of law.
5. On the other hand, learned counsel for the Municipality would submit that this Court has held in several matters that the property belonging to the Municipality cannot be wasted by permitting squatters over public property. Learned Single Judge had permitted the Town Municipality to conduct auction and the writ petitioners/appellants before this Court were also permitted to take part in the auction. Having taken part in auction and having failed, it does not lie in their mouth that the Municipality should be directed to evict the appellants only in accordance with law.
6. Learned counsel for the respondent/Municipality also places reliance on a recent judgment of co-ordinate Bench of this Court in WA No.4555/2015, which was disposed of on 18th March, 2019 wherein under the similar circumstances, the co-ordinate Bench upheld the decision of the learned Single Judge that if the shop premises are put to auction, whoever offers higher price including respondents therein would be entitled to occupy the premises. Accordingly, the auction of the Municipality in conducting the auction was upheld and squatters were directed to be removed from the premises belonging to the Municipality.
7. In the instant case, as stated above, the auction was conducted at the instance of the writ petitioners/appellants who were also permitted to take part in the auction. We see no infirmity in the order passed by the learned Single Judge and the contention of the appellants cannot be accepted for the fact that the action of the Municipality is not in accordance with law. Therefore, the appeals stand dismissed.
SD/- JUDGE SD/- JUDGE Bkm.