IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.31956-960 OF 2019 & 32636-640 OF 2019 (GM-PP) BETWEEN:
1. SRI K. PUNDALIKA BHAT, S/O K. SRINIVAS P. BHAT, AGED ABOUT 71 YEARS, SHOP NO.11-1-142-A, NEAR BOARD HIGH SCHOOL SERVICE BUS STAND, UDUPI DISTRICT.
UDUPI – 576 101.
2. SRI K. SHANKAR NAYAK, S/O VITTAPPA NAYAK, AGED ABOUT 56 YEARS, SHOP NO.11-1-142-A1, NEAR BOARD HIGH SCHOOL, SERVICE BUS STAND, UDUPI DISTRICT, UDUPI – 576 101.
3. SRI GURURAJ ACHAR, SINCE DECEASED REPRESENTED BY:
SRI DHARMENDRA, AGED ABOUT 42 YEARS, S/O LATE GURURAJ ACHAR, SHOP NO.11-1-142-B, NEAR BOARD HIGH SCHOOL, SERVICE BUS STAND, UDUPI DISTRICT, UDUPI – 576 101.
4. SRI GANAPATHI KAMATH, S/O KESHAVA KAMATH, AGED ABOUT 56 YEARS, SHOP NO.11-1-142-C, NEAR BOARD HIGH SCHOOL, SERVICE BUS STAND, UDUPI DISTRICT, UDUPI – 576 101.
5. SRI UPENDRA NAYAK, S/O LATE RAMAKRISHNA NAYAK, AGED ABOUT 60 YEARS, SHOP NO.11-1-142-E, NEAR BOARD HIGH SCHOOL, SERVICE BUS STAND, UDUPI DISTRICT, UDUPI – 576 101.
6. SRI KESHAVA NAYAK, AGED ABOUT 63 YEARS, S/O LATE RAMAKRISHNA NAYAK, SHOP NO.11-1-142-F, NEAR BOARD HIGH SCHOOL, SERVICE BUS STAND, UDUPI DISTRICT, UDUPI – 576 101.
7. SRI K. GUNDAPPA PRABHU, S/O DEVADAS PRABHU, AGED ABOUT 65 YEARS, SHOP NO.11-1-142-G, NEAR BOARD HIGH SCHOOL, SERVICE BUS STAND, UDUPI DISTRICT, UDUPI – 576 101.
8. SMT. EDNA KUNDER, W/O LEONARD KUNDER, AGED ABOUT 61 YEARS, SHOP NO.11-1-142-H, NEAR BOARD HIGH SCHOOL, SERVICE BUS STAND, UDUPI DISTRICT, UDUPI – 576 101.
9. SRI K ABDUL MAJEED, S/O ABDUL RAZAK, AGED ABOUT 66 YEARS, SHOP NO.11-1-142-I, NEAR BOARD HIGH SCHOOL, SERVICE BUS STAND, UDUPI DISTRICT, UDUPI – 576 101.
10. SRI A. VITTALARAYA HEGDE, S/O LAKSHMANA HEGDE, AGED ABOUT 56 YEARS, SHOP NO.11-1-142-E, NEAR BOARD HIGH SCHOOL, SERVICE BUS STAND, UDUPI DISTRICT, UDUPI – 576 101.
(BY SRI ARUNA SHYAM M., ADV.) AND:
1. THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, REPRESENTED BY ITS SECRETARY, M.S. BUILDING, BENGALURU – 560 001.
2. THE UDUPI CITY MUNICIPAL COUNCIL, UDUPI, REPRESENTED BY ITS COMMISSIONER, UDUPI TOWN, UDUPI DISTRICT – 576 101.
3. THE COMPETENT OFFICER, UDUPI TOWN MUNICIPALITY, UDUPI DISTRICT – 576 101.
(BY SRI ABDULLA T., ADV., FOR R2 & R3; SRI SREEDHAR N., HEGDE, HCGP FOR R1.) ... PETITIONERS ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/SET ASIDE THE IMPUGNED JUDGEMENT AND ORDER PASSED BY THE LEARNED COURT BELOW IN M.A.NOS.3 TO 11 AND 16/2019 DATED 08.07.2019 ON THE FILE OF LEARNED PRINCIPAL DISTRICT JUDGE, UDUPI AND CONSEQUENTLY QUASH THE IMPUGNED ORDER DATED 31.01.2019 AND ENTIRE PROCEEDINGS INITIATED BY THE R-3 PRODCUED AT ANNEXURE-A AND B1 TO B10.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. Aruna Shyam, learned counsel for the petitioner.
Mr. Abdulla T, learned counsel for the respondent Nos.2 and 3.
Mr. Sreedhar N. Hegde, learned High Court Government Pleader for the respondent No.1.
Petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioner inter alia seeks a writ of certiorari for quashment of the order dated 31.01.2019 passed by the competent authority as well as the order dated 08.07.2018 passed by the Appellate Authority under the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974.
3. When the matter was taken up today, learned counsel for the petitioner submitted that a cyclo style notice was issued to the petitioner. Thereafter, the petitioner was neither given an opportunity to produce the documents nor an opportunity to adduce any evidence or to argue the matter. The aforesaid aspect of the matter has not been fairly disputed by the learned counsel for the respondent.
4. Taking into account the fact that the impugned order dated 31.01.2019 has been passed without affording an opportunity to the petitioner to file documents, to lead evidence as well as to address the arguments, the same cannot be sustained in the eye of law. The aforesaid aspect of the matter has not been appreciated by the Appellate Authority as well as the impugned orders dated 08.07.2019 & 31.01.2019 cannot be sustained in the eye of law. The impugned orders are accordingly quashed. The matter is remitted to the competent authority to afford an opportunity to the petitioners to file documents to parties, to adduce evidence and thereafter to address their arguments and to pass an order afresh in accordance with law. The parties undertake to appear before the competent authority on 30.08.2019 along with a copy of this order.
With the aforesaid directions, petitions are disposed of.
Sd/- JUDGE SS