IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.26612-26616 OF 2018 (GM-PP) AND WRIT PETITION NOs.26958-26961 OF 2018 C/W WRIT PETITION NOs.58064-58067 OF 2017 (GM – PP) AND WRIT PETITION NOs.58088-58091 OF 2017, WRIT PETITION NO.19821 OF 2018 (LB – RES) IN W.P.NOS.26612-16/2018 AND W.P.NOS.26958-61/2018 BETWEEN:
1. SRI.C.J.MUMTAZ, S/O LATE ABDUL JALEEL, AGED ABOUT 50 YEARS, R/AT HAYATHMOHALLA, CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 116.
2. SMT. SUMITHRA RANGANATH, W/O RANGANATH, AGED ABOUT 55 YEARS, R/AT KEREBEDDHI, CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 116.
3. SRI.C.SURESH, S/O CHANDREGOWDA, AGED ABOUT 45 YEARS, R/AT MUTTON MARKET ROAD, CHANNARAYAPATNA, HASSAN DISTRICT – 573 116.
4. SRI.C.J. MOHSIN, S/O LATE ABDUL JALEEL, AGED ABOUT 52 YEARS, R/AT HAYATHMOHALLA, CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 116.
5. SRI.C.J.JUNAID, S/O ABDUL JALEEL, AGED ABOUT 40 YEARS, R/AT DODDAMOHALLA, CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 116.
... PETITIONERS (BY SRI.SUBBA REDDY K.N., ADVOCATE (ABSENT)) AND:
1. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, CHANNARAYAPATNA, CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 116.
2. TOWN MUNICIPAL COUNCIL, CHANNARAYAPATTANA, CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 116. REPRESENTED BY ITS CHIEF OFFICER.
... RESPONDENTS (BY SRI.C.N.KESHAVA MURTHY, ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED EVICTION NOTICE/ORDER DATED 01.10.2016 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE – A, A1 TO A8 AND ETC., IN W.P. NOS.58064-67/2017 AND W.P.NOS.58088-91/2017 BETWEEN:
1. SMT. SUNANDAMMA, W/O THAMMANNA, AGED ABOUT 55 YEARS, R/AT GURUMARANAHALLI EXTN., CHANNARAYAPATTANA TOWN, RUNNING BUSINESS AT SHOP NO.154, MUNICIPAL COMPLEX, B M ROAD, CHANNARAYAPATTANA TOWN, HASSAN DISTRICT – 573 116.
2. SRI. SRINIVAS, S/O SUBRAMANYA, AGED ABOUT 50 YEARS, R/AT GURUMARANAHALLI EXTN., CHANNARAYAPATTANA TOWN, RUNNING BUSINESS AT SHOP NO.162, MUNICIPAL COMPLEX, B M ROAD, CHANNARAYAPATTANA TOWN, HASSAN DISTRICT – 573 116.
3. SRI. C B MANJUNATH, S/O BYRASHETTY, AGED ABOUT 45 YEARS, R/AT GANIGARA STREET EXTN., CHANNARAYAPATTANA TOWN, RUNNING BUSINESS AT SHOP NO.127, MUNICIPAL COMPLEX, B M ROAD, CHANNARAYAPATTANA TOWN, HASSAN DISTRICT – 573 116.
4. SRI. K. KRISHNA, S/O KALEGOWDA, AGED ABOUT 55 YEARS, R/AT GURUMARANAHALLI EXTN., CHANNARAYAPATTANA TOWN, RUNNING BUSINESS AT SHOP NO.165, MUNICIPAL COMPLEX, B M ROAD, CHANNARAYAPATTANA TOWN, HASSAN DISTRICT – 573 116.
5. SRI. K T RAMESH, S/O THAMMANA GOWDA, AGED ABOUT 45 YEARS, R/AT GAYATHRI EXTENSION, CHANNARAYAPATTANA TOWN, RUNNING BUSINESS AT SHOP NO.96, MUNICIPAL COMPLEX, B M ROAD, CHANNARAYAPATTANA TOWN, HASSAN DISTRICT – 573 116.
6. SRI. G L MANJUNATH, S/O LATE LINGAPPA, AGED ABOUT 65 YEARS, R/AT GURUMARANAHALLI EXTN., CHANNARAYAPATTANA TOWN, RUNNING BUSINESS AT SHOP NO.156, MUNICIPAL COMPLEX, B M ROAD, CHANNARAYAPATTANA TOWN, HASSAN DISTRICT – 573 116.
7. SRI. NAVEEN KUMAR, S/O LATE RAMEGOWDA, AGED ABOUT 40 YEARS, R/AT MEGALAKERI EXTN., CHANNARAYAPATTANA TOWN, RUNNING BUSINESS AT SHOP NO.120, MUNICIPAL COMPLEX, B M ROAD, CHANNARAYAPATTANA TOWN, HASSAN DISTRICT – 573 116.
8. SRI. C M MALLIKARJUNA, S/O MALLESHACHAR, AGED ABOUT 60 YEARS, R/AT TANK ROAD EXTN., CHANNARAYAPATTANA TOWN, RUNNING BUSINESS AT SHOP NO.122, MUNICIPAL COMPLEX, B M ROAD, CHANNARAYAPATTANA TOWN, HASSAN DISTRICT – 573 116.
…PETITIONERS (BY SRI. RAJARAM SOORYAM BAIL, ADVOCATE (ABSENT)) AND:
1. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, CHANNARAYAPATNA, CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 116.
2. TOWN MUNICIPAL COUNCIL, CHANNARAYAPATTANA, CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 116. REPRESENTED BY ITS CHIEF OFFICER.
... RESPONDENTS (BY SRI.C.N.KESHAVA MURTHY, ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED TENDER CUM OPEN AUCTION NOTICE DATED 10.11.2017 ISSUED BY THE RESPONDENTS VIDE ANNEXURE – A IN SO FAR AS THE SHOPS OF THE PETITIONERS ARE CONCERNED AND ETC., IN W.P. NO.19821/2018 BETWEEN:
MR.C.J.MUMTAJ AHMED, S/O MR.C.F.ABDUL JALEEL, AGED ABOUT 50 YEARS, #0, WARD NO.17, HAYATH MOHALLA, CHANNARAYAPATNA, HASSAN DISTRICT – 573 116, KARNATAKA.
…PETITIONER (BY SRI. MOHAMMED RAFI S.A., ADVOCATE (ABSENT)) AND:
1. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, CHANNARAYAPATNA, HASSAN DISTRICT – 573 116, KARNATAKA.
2. TOWN MUNICIPAL COUNCIL, CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 116. KARNATAKA.
REPRESENTED BY ITS CHIEF OFFICER.
... RESPONDENTS (BY SRI.C.N.KESHAVA MURTHY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED TENDER CUM OPEN AUCTION NOTICE DATED 05.01.2018 ISSUED BY THE RESPONDENTS VIDE ANNEXURE – A AND ALSO ALLOTMENT ORDER DATED 09.02.2018 VIDE ANNEXURE – A1 IN SO FAR AS SHOP OF THE PETITIONER IS CONCERNED AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioners.
Sri.Keshava Murthy, learned counsel for respondent Nos.1 and 2.
2. In these petitions under Article 227 of the Constitution of India, the petitioners have prayed for the following reliefs:
In W.P.Nos.26612-26616/2018 & W.P.Nos.26958-26961 2018/ “i. Issue writ in the nature of certiorari to quash the impugned eviction Notice/order dated 1/10/2016 passed by the Respondent No.1 in No. Munisi/Channarayapatna/Kamsha/2016 -17 vide Annexure-A, A1 to A8.
ii. Issue writ in the nature of certiorari to quash the impugned judgment passed in Miscellaneous Appeal No.M.A.No.48/2017, M.A.No.50/2017, M.A.No.53/2017, M.A.No.55/2017, M.A.No.57/2017, M.A.No.46/2017, M.A.No.52/2017, M.A.No.42/2017, M.A.No.45/2017 dated 28.05.2018 on the file of the 4th Additional District and Sessions Judge, Hassan District (at Channarayapatna) vide Annexure-B, B1 to B8.”
In W.P.Nos.58064-58067/2017 & W.P.Nos.58088-58091/2017 “i. Issue writ in the nature of certiorari to quash the impugned tender cum open auction notice dated 10.11.2017 in No.Munici:CR:Kamsha:01:2017-18 issued by the respondents vide Annexure-A in so far as the shops of the petitioners are concerned.
ii. Issue writ in the nature of mandamus directing the first and second respondents not to proceed further till the Miscellaneous Appeals pending before the learned 4th Additional District and Sessions Judge, Channarayapattana are heard and disposed of.”
In W.P.No.19821/2018 “i. Issue a writ in the nature of certiorari to quash the impugned tender-cum-open auction notice dated 05.01.2018 in No.Munici:Kamsha:01:2017-18 issued by the respondents vide Annexure-A and also the Allotment Order No.MunisiLCR:Kam.Sa:01-2017-18 dated 09.02.2018 vide Annexure-A1 in so far as shop of the petitioner is concerned.
ii. Issue a writ in the nature of mandamus directing the first and second respondents not to proceed further till the Miscellaneous Appeals pending before the Hon’ble 4th Additional District and Sessions Judge, Channarayapattana are heard and disposed of.”
3. When the matters were taken up today, learned counsel for respondents submitted that the writ petitions have been rendered infructuous as the shops in question have already been auctioned and the possession of the shops have already been taken from the petitioners and the same has been transferred to the allottees of the shops and registered Lease Deeds are executed in their favour.
4. The aforesaid statement is taken on record.
5. In view of the aforesaid submission, nothing survives for adjudication in these writ petitions. Accordingly, the writ petitions are dismissed as having become infructuous.
Sd/- JUDGE dn/-