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 W.P.Nos.44924-44925/2015 (LB-RES) C/W W.P.Nos.44932-44933/2015 (LB-RES) W.P.Nos.44934-44935/2015 (LB-RES) W.P.Nos.44827-44828/2015 (LB-RES) & W.P.Nos.44594-44595/2015 (LB-RES) IN W.P.Nos.44924-44925/2015 BETWEEN:
SRI. N. PRASANNA KUMAR S/O.A.NAGAPPA AGED ABOUT 38 YEARS LEATHER MERCHANT SHOP NO.124/36, MAHADEVI ROAD CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... PETITIONER (BY SRI.K. RAMA BHAT, ADV.) TOWN PLANNING DEPARTMENT VIKAS SOUDHA BENGALURU-560001.
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) W.P.Nos.44932-44933/2015 BETWEEN SRI. T. MANJUNATHA S/O LATE THIPPE RUDRAPPA AGED ABOUT 60 YEARS ONKAR BOOK DEPOT SHOP NO. 90/120 BUS STAND, CHITRADURGA ROAD CHALLAKERE PIN 577 522 CHITRADURGA DISTRICT.
... PETITIONER (BY SRI.K. RAMA BHAT, ADV.) TOWN PLANNING DEPARTMENT VIKAS SOUDHA BENGALURU-560001.
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) W.P.Nos.44934-44935/2015 BETWEEN SRI. J. SUDHAKAR S/O G.JAGANATH SETTY AGED ABOUT 53 YEARS SRI.JAGANATH COFFEE WORKS SHOP NO.31/63, 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 BENGALURU-560001.
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) W.P.Nos.44827-44828/2015 BETWEEN MR SYED SIRAJUDDIN S/O SYED HASAN SAB AGED ABOUT 62 YEARS FOOT WEAR SHOP, SHOP NO.89/119 BUS STAND, CHITRADURGA ROAD CHALLAKERE PIN -577 522 CHITRADURGA DISTRICT.
... PETITIONER (BY SRI.K. RAMA BHAT, ADV.) 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) W.P.Nos.44594-44595/2015 BETWEEN SRI M R PALYANNA S/O. RAMANNA AGED ABOUT 70 YEARS VARUN HAIR DRESSERS SHOP NO. 36/68, MAHADEVI ROAD CHALLAKERE, PIN-577 522 CHITRADURGA DISTRICT.
... PETITIONER (BY SRI.K. RAMA BHAT, ADV.) 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-2 DATED.15.9.2015 VIDE ANNEXURE-A. AND QUASH THE CIRCULAR DATED.14.8.2015 ISSUED BY THE RESPONDENT-1 IN SO FAR AS IT RELATES TO THE EXISTING TENANTS CONTINUING THE POSSESSION OF THE COMMERCIAL PREMISES AT CATEGORY[3] OF THE NOTIFICATION VIDE ANNEXURE-B.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING “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