IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITIONS Nos.48310-315 OF 2017 (LB-BMP) BETWEEN :
1. SRI.B. RAVIPRAKASH SON OF BETTASWAMY GOWDA AGED ABOUT 42 YEARS WHOLESALE FRUITS AND VEGETABLE COMMISSION AGENT AT SHOP NO 2, A AUCTION HALL RESIDENT OF NEW KALAYASIPALYAM MARKET BENGALURU - 560002 2. SRI N S K TRADERS REP BY ITS PROPRIETOR BY SRI SUNIL KUMAR SON OF L NARAYANA AGED ABOUT 46 YEARS WHOLESALE FRUITS AND VEGETABLE COMMISSION AGENT AT SHOP NO 1, A AUCTION HALL RESIDENT OF NEW KALAYASIPALYAM MARKET BENGALURU - 560002 3. K GOPAL SON OF LATE C. KRISHNA AGED ABOUT 55 YEARS WHOLESALE FRUITS AND VEGETABLE COMMISSION AGENT AT SHOP NO 6, A AUCTION HALL RESIDENT OF NEW KALAYASIPALYAM MARKET BENGALURU - 560002 4. SRI N SEENAPPA SON OF LATE NARAYANAPPA AGED ABOUT 58 YEARS RESIDENT OF AUCTION HALL NO 5 WHOLESALE FRUITS AND VEGETABLE COMMISSION AGENT AT SHOP NO 5, A AUCTION HALL RESIDENT OF NEW KALAYASIPALYAM MARKET BENGALURU - 560002 5. SRI H N AJAZ AHAMED SON OF LATE H S NAZZER AGED ABOUT 54 YEARS WHOLESALE FRUITS AND VEGETABLE COMMISSION AGENT AT SHOP NO 4, A AUCTION HALL RESIDENT OF NEW KALAYASIPALYAM MARKET BENGALURU - 560002 6. SRI MURALI SON OF NARAYANA AGED ABOUT 44 YEARS RESIDENT OF SWAMY AYYAPPA MANDI WHOLESALE FRUITS AND VEGETABLE COMMISSION AGENT AT SHOP NO 4, A AUCTION HALL RESIDENT OF NEW KALAYASIPALYAM MARKET BENGALURU - 560002 ... PETITIONERS (BY SRI S R HEGDE HUDLAMANE, ADVOCATE) AND :
1. THE COMMISSIONER B.B.M.P., N R SQUARE BENGALURU - 2 2. DEPUTY COMMISSIONER MARKET , B.B.M.P.
N R SQUARE BENGALURU - 2 3. REVENUE OFFICER B.B.M.P.
K R MARKET BENGALURU - 2 4. ASSISTANT REVENUE OFFICER MARKET B.B.M.P. JAYANAGARA BENGALURU – 560011.
5. RAJENDRA AGE: MAJOR, RESIDENT OF SHOP NO 167, C BLOCK 1ST FLOOR, JAYACHAMARAJENDRA MARKET BENGALURU - 560002 6. SRIDHAR AGE MAJOR RESIDENT OF SHOP NO 234 C BLOCK WHOLESALE FRUITS AND VEGETABLE WHOLESALE VENDORS JAYACHAMARAJENDRA MARKET BENGALURU - 560002 7. SMT SHANTHI AGE MAJOR RESIDENT OF SHOP NO 256 C BLOCK WHOLESALE FRUITS AND VEGETABLE WHOLESALE VENDORS JAYACHAMARAJENDRA MARKET BENGALURU - 560002 8. SRI VEDI AGE MAJOR RESIDENT OF SHOP NO 308, ‘C’ BLOCK WHOLESALE FRUITS AND VEGETABLE WHOLESALE VENDORS JAYACHAMARAJENDRA MARKET BENGALURU – 560002.
... RESPONDENTS R4;
(BY SRI H. DEVENDRAPPA, ADVOCATE FOR R1, R3 & SRI D. C. JAGADEESH FOR SRI S. N. VENKATESH, A.R.O., B.B.M.P. – APPLICANT;
SRI JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI A. MAHAMMED TAHIR, ADVOCATE FOR R5 TO R8.) THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ALLOTMENT, MADE IN FAVOUR OF R-5 TO 8, AS PER ANNEX-J, DATED 12.10.2017 AND 13.10.2017 BY THE ISSUE OF WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER AS THE CASE MAY BE.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING :
ORDER The petitioners - Vegetable and fruit merchants and Commission Agents had challenged allotment of shops made in favour of respondents No.5 to 8. This Court by order dated 14.02.2018 while observing that allotment in open spaces was illegal, had recorded the statement of respondent – B.B.M.P. that they would take needful action and file status report. The Court had observed that allotments made in favour of respondents No.5 to 8, if were to be cancelled, an opportunity of hearing ought to be afforded to the said respondents.
2. Counsel appearing for respondent – B.B.M.P. states that after affording an opportunity an order has come to be passed cancelling the allotment of shops in favour of respondents No.5 to 8 as per order dated 24.02.2018 and that the said order has not been challenged till date and has attained finality.
3. Learned counsel for the petitioner states that the present petition has become infructuous in the light of cancellation of the allotment and also in the light of the disposal of Writ Appeals No.781-786 of 2018, wherein the present respondents were parties. In the light of disposal of the writ appeals by order dated 04.02.2019 as well as the order cancelling the allotments made in favour of respondents No.5 to 8 vide order dated 24.02.2018 as per Annexure-R-14 annexed along with I.A. No.1 of 2019 filed by respondents No.5 to 8, nothing further survives for consideration.
4. Though respondents No.5 to 8 have filed an application I.A. No.1 of 2019 seeking for a direction to the respondent – B.B.M.P., in the light of the petitions having become infructuous, no further orders are required to be passed. Contentions of all parties are kept open and also the request of respondents No.5 to 8 as made out in I.A. No.1 of 2019 is kept open to be made in an appropriate manner to the B.B.M.P. Accordingly, petitions are disposed of.
5. In view of matters having become infructuous, petitions are disposed of subject to the observations.
6. In the light of disposal of writ petitions, no orders are required to be passed on the I.As. and are disposed of accordingly.
Sd/- JUDGE hnm