IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.54146 OF 2018 (GM-RES) BETWEEN:
SRI. MANJUNATH R S/O LATE G. RENUKARADHYA AGE : 43 YEARS LICENSEE OF NANDINI MILK BOOTH SUBHEDHAR CHATRAM ROAD INFRONT OF HIMALAYA THEATER PRESENT TWO WHEELER PARKING PLACE GANDHINAGAR, BENGALURU – 09.
(BY MR. CHANDRASHEKAR P. PATIL, ADV.) AND:
1. THE COMMISSIONER B.B.M.P. BENGALURU – 09.
2. THE JOINT COMMISSIONER WEST DIVISION B.B.M.P. SHESHADRIPURAM BENGALURU – 20.
3. ASSISTANT REVENUE OFFICER GANDHINAGAR, SUB-DIVISION B.B.M.P. T.C.M. RAYAN ROAD BANGALORE – 53.
… PETITIONER … RESPONDENTS (BY MR. K.N. PUTTEGOWDA, ADV., FOR R1 TO R3) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 TO RENEW THE LEASE AGREEMENT BY ANOTHER PERIOD OF 5 YEARS, IN RESPECT OF NANDINI MILK BOOTH BY CONSIDERING THE REPRESENTATION DATED 4.8.2018 VIDE ANNEX-D & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Chandrashekar P. Patil, learned counsel for the petitioner.
Mr.K.N.Puttegowda, learned counsel for the respondent.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a direction to the respondent No.1 to renew the lease agreement by another of 5 year, in respect of Nandini Milk Booth to consider the representation dated 04.08.2018 contained in Annexure-D submitted by the petitioner.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the representation submitted by him shall be considered. On the other hand, learned counsel for the respondent submitted that the same shall be dealt with in accordance with law if not already decided.
5. In view of the submissions made and in the facts of the case, I deem it appropriate to dispose of the writ petition with a direction to the competent authority to decide the representation submitted by the petitioner, if not already decided in accordance with law by a speaking order within four months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits. Till the representation is decided, ad-interim order dated 19.12.2018 granted by a Bench of this Court to continue.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS