IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.4419 OF 2019 (GM-RES) BETWEEN:
S.C. JAYASWAMY AGED ABOUT 33 YEARS S/O. LATE CHIKKANNA GOWDA RESIDENT OF SADAHALLI SAGALAPURA VILLAGE CHENNAPATNA TALUK RAMANAGARA DISTRICT.
... PETITIONER (BY SRI. T.P. VIVEKANANDA, ADVOCATE FOR SRI H.C. SHIVARAMU, ADVOCATE) AND:
1. THE GENERAL SECRETARY KARNATAKA RAJYA VOKKALIGARA SANGHA REGISTERED OFFICE AT NO.148 K.R. ROAD, VISVESHWARAPURAM BENGALURU-560 004.
2. THE CHIEF EXECUTIVE OFFICER KARNATAKA RAJYA VOKKALIGARA SANGHA REGISTERED OFFICE AT NO.148 K.R. ROAD, VISVESHWARAPURAM BENGALURU-560 004.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DATED 29.01.2018 ISSUED BY THE R-1 AT ANENXURE-E; QUASH THE CONSEQUENTIAL NOTICE/ COMMUNICATION DATED 03.01.2019 ISSUED BY THE R-2 AT ANNEXURE-F; ISSUE A WRIT OF MANDAMUS TO THE R-1 AND 2 TO ADHERE TO THE TERMS AND CONDITIONS OF THE JOINT AGREEMENT DATED 15.03.2016 ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENTS AT ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. T.P. Vivekananda, learned counsel for Sri. H.C. Shivaramu, learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. Heard the learned counsel for the petitioner.
3. In this petition, petitioner inter alia has assailed the validity of the order dated 29.01.2018, by which the petitioner has been asked to pay the rent at an enhanced rate by the Administrator, failing which the agreement of the petitioner shall be cancelled.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner has filed a reply to the aforesaid Show Cause Notice and the Administrator of the respondent - Society be directed to consider the reply submitted by the petitioner by a speaking order after affording an opportunity of hearing to the petitioner.
5. It is further submitted that the petitioner has already deposited the rent at the current rate and till then, no coercive action shall be taken against the petitioner.
6. In view of the aforesaid submission and in the facts of the case, petition is disposed of with a direction to the Administrator of the respondent- Society to consider the reply submitted by the petitioner and thereafter, to take decision in pursuance of the notice dated 29.01.2018 by a speaking order within a period of four weeks from the date of receipt of certified copy of the order passed today after affording an opportunity of hearing to the petitioner.
7. Till the petitioner is heard in the matter and his reply is considered and a decision is taken, no action for cancellation of the agreement executed in favour of the petitioner shall be taken.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, petition is disposed of.
Sd/- JUDGE Mds/-