IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.13134 OF 2018 (GM-PP) BETWEEN:
SRI NAGESH M. S/O.LATE MUNISWAMY REP. BY HIS GPA HOLDER H.S.KARTHIK S/O.H.S.SATHYANARAYANA AGED ABOUT 25 YEARS SHOP NO.91 GAYATHRI COMMERCIAL COMPLEX BM ROAD, CHANNARAYAPATNA HASSAN DISTRICT-573 116 … PETITIONER (BY SRI N.DILLI RAJAN FOR SRI SUBBA REDDY K.N., ADVOCATES) AND:
1. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL CHANNARAYAPATTANA CHANNARAYAPATTANA TALUK HASSAN DISTRICT-573 116 2. TOWN MUNICIPAL COUNCIL CHANNARAYAPATTANA CHANNARAYAPATTANA TALUK HASSAN DISTRICT-573 116 REP. BY ITS CHIEF OFFICER … RESPONDENTS (BY SRI C.N.KESHAVA MURTHY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE EVICTION NOTICE/ORDER DATED 01.10.2016 (ANNEXURE-A) PASSED BY RESPONDENT NO.1 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri N.Dilli Rajan, learned counsel for Sri Subba Reddy K.N., learned Counsel for the petitioner.
Sri C.N.Keshava Murthy, learned counsel for the respondents.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
I) Issue writ in the nature of certiorari to quash the impugned eviction Notice/order dated 1/10/2016 passed by Respondent No.1 in No.Munisi/Channarayapatna/Kamsha/ 2016-
17 vide Annexure-A.
II) Issue writ in the nature of certiorari to set aside the impugned judgment passed in Miscellaneous Appeal No.81/2016 dated 2/1/2017 on the file of the 4th Additional District and Sessions Judge, Hassan District (at Channarayapatna) vide Annexure-B.
4. When the matter was taken up today, learned Counsel for the parties jointly submit that the controversy involved in the instant writ petition is squarely covered by the order dated 10.07.2018 passed in W.P.Nos.26313-26319/2018 and connected petitions.
5. In view of the aforesaid submission and for the reasons assigned in the said order, the petitioner is granted three months’ time from today to quit, vacate and handover vacant possession of the premises to respondent no.2 without directing them to execution proceedings, subject to payment of double the licence fee by way of damages which he is paying for the remaining period of three months.
Accordingly, the writ petition is dismissed.
Sd/- JUDGE hkh.