IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION Nos. 44753-44754/2015(LB-RES) C/W WRIT PETITION Nos.44081-44082/2015 WRIT PETITION Nos.44604-44605/2015 WRIT PETITION Nos.44601 & 44609/2015& WRIT PETITION Nos.44761-44762/2015 IN WP.Nos.44753-44754/2015 BETWEEN:
SRI. J.S. NAGARAJU S/O J.SUBBANARAYANA SETTY AGED ABOUT 65 YEARS ANJANADRI PROVISION STORE SHOP NO.35/67, MAHADEVI ROAD CHALLAKERE, PIN-577 522 CHITRADURGA DISTRICT.
... PETITIONER (BY SRI.K.RAMA BHAT, ADV. ) AND 1. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY TO GOVT. TOWN PLANNING DEPARTMENT VIKAS SOUDHA BENGALURU-560 001.
2. THE COMMISSIONER MUNICIPAL OFFICE CHALLAKERE MUNICIPALITY CHALLAKERE PIN-577522 CHITRADURGA DISTRICT.
... RESPONDENTS (BY SRI. ANANDEESHWARA, HCGP. FOR R1, SRI. R.PURUSHOTHAM, ADV. FOR R2) IN WP Nos.44081-44082/2015 BETWEEN:
SRI. B.P. GOVINDARAJU S/O. DODDA PAPANNA AGED ABOUT 63 YEARS PROPRIETOR MANJUNATHA GENERAL STORES SHOP NO. 34/66, MAHADEVI ROAD CHALLAKERE PIN - 577 522.
CHITRADURGA DISTRICT.
... PETITIONER (BY SRI.K.RAMA BHAT, ADV. ) AND 1. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY TO GOVT. TOWN PLANNING DEPARTMENT VIKAS SOUDHA BENGALURU-560 001.
2. THE COMMISSIONER MUNICIPAL OFFICE CHALLAKERE MUNICIPALITY CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... RESPONDENTS (BY SRI. ANANDEESHWARA, HCGP. FOR R1, SRI. R.PURUSHOTHAM, ADV. FOR R2) IN WP.Nos.44604-44605/2015 BETWEEN:
SRI B V NAGESH S/O B VEERAPPA AGED ABOUT 48 YEARS BUSINESSMAN SHOP NO.20/52,MAHADEVI ROAD CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... PETITIONER (BY SRI.K.RAMA BHAT, ADV. ) AND 1. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY TO GOVT. TOWN PLANNING DEPARTMENT VIKAS SOUDHA BENGALURU-560 001.
2. THE COMMISSIONER MUNICIPAL OFFICE CHALLAKERE MUNICIPALITY CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... RESPONDENTS (BY SRI. ANANDEESHWARA, HCGP. FOR R1, SRI. R.PURUSHOTHAM, ADV. FOR R2) IN WP.Nos.44601 & 44609/2015 BETWEEN:
SRI O VENKATESH S/O.OBALESHAPPA AGED ABOUT 45 YEARS SUPREME HAIR DRESSERS SHOP NO.37/69, MAHADEVI ROAD CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
(BY SRI.K.RAMA BHAT, ADV. ) AND ... PETITIONER 1. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY TO GOVT. TOWN PLANNING DEPARTMENT VIKAS SOUDHA, BENGALURU-560 001.
2. THE COMMISSIONER MUNICIPAL OFFICE CHALLAKERE MUNICIPALITY CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... RESPONDENTS (BY SRI. ANANDEESHWARA, HCGP. FOR R1, SRI. R.PURUSHOTHAM, ADV. FOR R2) IN WP Nos.44761 & 44762/2015 BETWEEN:
SRI S MANJUNATH S/O.SHIVANANDAPPA AGED ABOUT 55 YEARS AMRUTHA THRIVENI HOTEL SHOP NO.18/50, MAHADEVI ROAD CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... PETITIONER (BY SRI.K.RAMA BHAT, ADV. ) AND 1. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY TO GOVT. TOWN PLANNING DEPARTMENT VIKAS SOUDHA, BENGALURU-560 001.
2. THE COMMISSIONER MUNICIPAL OFFICE CHALLAKERE MUNICIPALITY CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... RESPONDENTS (BY SRI. ANANDEESHWARA, HCGP. FOR R1, SRI. R.PURUSHOTHAM, ADV. FOR R2) *** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE/QUASH THE IMPUGNED NOTICE ISSUED BY THE RESPONDENT NO.2 DATED: 15.09.2015 VIDE ANNEXURE-A AND QUASH THE CIRCULAR DATED: 14.08.2015 ISSUED BY THE RESPONDENT NO.1 IN SO FAR AS IT RELATES TO THE EXISTING TENANTS CONTINUING THE POSSESSION OF THE COMMERCIAL PERMISES AT CATEGORY(3) OF THE NOTIFICATION VIDE ANNEXURE-B.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In these writ petitions, the petitioners are questioning the notice dated 15.9.2015 issued by the respondent No.2 vide Annexure-A.
2. The learned counsel appearing for the petitioners submits that the respondent No.2 has initiated proceedings under the provisions of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974. Therefore, these writ petitions do not survive for consideration.
3. In view of the submission made by the learned counsel appearing for the petitioners, the writ petitions will not survive for consideration.
4. Accordingly, the writ petitions are disposed of.
Sd/- JUDGE DM