IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.28990-991 OF 2018 C/W WRIT PETITION NOS.27962 OF 2018 & 28252-28272 OF 2018 (GM-TEN) In W.P. Nos.28990-991/2018 BETWEEN:
1. SRI. P BALASUBRAMANYAM AGED ABOUT 45 YEARS, S/O PEDDAERAPPA, SHOP NO.284 (NEW NO.9) NEW BUS STAND, BELOW SHELTER TOWN MUNICIPALITY PAVAGADA-561 202 TUMKUR DISTRICT 2. SRI A MARUTHI AGED ABOUT 35 YEARS, S/O LATE ALKURAPPA, SHOP NO.272 (NEW NO.15) BEHIND NEW BUS STAND, SHEET SHOP, TOWN MUNICIPALITY, PAVAGADA-561 202 TUMKUR DISTRICT … PETITIONERS (BY SRI. SHANTAKUMAR K.C., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA, BANGALORE-560 001 2. THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION, VIDHANA VEEDHI, 9TH & 10TH FLOOR, VISHVESHWARAIAH TOWER SAMPANGI RAMANAGARA BANGALORE-560 001 3. THE TOWN MUNICIPAL COUNCIL PAVAGADA TOWN MUNICIPALITY PAVAGADA, TUMKUR DISTRICT-561 202 REPRESENTED BY ITS CHIEF OFFICER 4. THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR – 572 101.
… RESPONDENTS (BY SRI. SRIDHAR N. HEGDE, HCGP FOR R1, 2 & 4; R3 SERVED AND UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS RELATING TO, CONCERNING AND CONNECTED WITH THE IMPUGNED NOTIFICATION DATED 25.5.2018 VIDE ANNEXURE-A ISSUED BY THE 3RD RESPONDENT AND THE UNDATED AND UNNUMBERED E-PROPCUREMENT THROUGH TENDER PUBLISHED ON 20.6.2018 VIDE ANNEXURE-B BY THE 3RD RESPONDENT, PERUSE THE SAME AND DECLARE THEM AS DEVOID OF THE AUTHORITY OF LAW, BESIDES BEING ILLEGAL AND ARBITRARY AND ETC., In W.P. Nos.27962/2018 & 28252-28272/2018 BETWEEN:
1. SRI K G LAKSHMANAMURTHY AGED 45 YEARS S/O. K S GANGADHARAN, SHOP NO. 33 (211), NEW NO. 34, SRI. HARSHA TRADERS, BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561202, TUMKUR DISTRICT.
2. SRI. VENKAGIRIYAPPA AGED 72 YEARS S/O. LATE. GOVINDAIAH SHETTY, SHOP NO. 18 (30), NEW NO. 9, GROUND FLOOR, LAKSHMI VENKATESHWARA GENERAL STORES, OLD BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561 202 TUMKUR DISTRICT.
3. SRI. K V SATHISH AGED 43 YEARS S/O. SRI. VENKATAGIRIYAPPA, SHOP NO. 15 (192), NEW NO. 3 (2), BELOW SHELTER, TOWN MUNICIPALITY, PAVAGADA - 561202, TUMKUR DISTRICT 4. SRI. G R HARINATH AGED 59 YEARS S/O. LATE. G RAMALINGAIAH SHETTY, SHOP NO. 6, BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561202, TUMKUR DISTRICT 5. SRI. Y RADHASWAMY AGED 57 YEARS S/O. MALLESHAIAH, SHOP NO.31, NEW NO. 32, BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA 561202, TUMKUR DISTRICT 6. SRI. P. VENKATESHA GUPTA AGED 78 YEARS S/O. LATE. P ASHWATHAIAH, SHOP NO. 12, BALAJI CYCLE SHOP, BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561 202, TUMKUR DISTRICT 7. SRI. M A MANJUNATHA AGED 43 YEARS S/O. LATE. ASHWATHANARAYANA SHETTY, SHOP NO.2 (1), BELOW SHELTER, NANJUNDESHWARA STATIONERY AND FACNY STORE, BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561 202, TUMKUR DISTRICT 8. SRI. NAGARJUNA REDDY AGED 48 YEARS S/O. NARASIMHA REDDY, SHOP NO. 188 (11), BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561 202, TUMKUR DISTRICT 9. MOHAMMAD RAFIQ AGED 48 YEARS, S/O. FAZULLA KHAN, SHOP NO. 179(2), BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561 202, TUMKUR DISTRICT 10. SRI. GOVINDARAJU AGED 45 YEARS S/O. VEERUPAKSHAPPA, SHOP NO. 1 (212), BELOW SHELTER, SRINIVASA GENERAL STORES, BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561 202, TUMKUR DISTRICT 11. SRI. M MEGHANATH AGED 54 YEARS S/O. N P VEERAIAH, SHOP NO. 219 (8), FRUIT SHOP, BELOW SHELTER, BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561 202, TUMKUR DISTRICT 12. SRI. S A RAGHUVEERA GUPTA AGED 52 YEARS S/O. LATE. S ANANTHAIAH, SHOP NO. 3 (270) & 4 (269), NEW NO. 13, PAWAN SWEETS AND GENERAL STORES, BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561 202, TUMKUR DISTRICT 13. SRI. K LAKSHMINARAYANA SHETTY AGED 63 YEARS S/O. K ASHWATHAIAH SHETTY, SHOP NO. 200(22), NEW NO. 23, BEHIND NEW BUS STAND, PAVAGADA - 561 202, TUMKUR DISTRICT 14. SRI. S NAGESHA AGED 43 YEARS S/O. G. SREERAMASHETTY, SHOP NO. 13 (190), NAGESH SWEETS AND GENERAL STORES, BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561 202, TUMKUR DISTRICT 15. SRI. Y V VENKATACHALAPATHY AGED 59 YEARS S/O. S VENKATASUBBAIAH, SHOP NO. 21 (22)/197, SREE SAI LAKSHMAIVENKATESHWARA TRADERS, BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561 202, TUMKUR DISTRICT 16. SYED MUJEEB BASHA AGED 35 YEARS S/O. SYED KHALEEL AHMED, SHOP NO. 253, NEW NO. 2. BEHIND NEW BUS STAND, TOWN MUNICIPALITY, SWEET SHOP, PAVAGADA - 561 202, TUMKUR DISTRICT 17. SRI. Y A VENKATESHA GUPTA AGED 59 YEARS S/O. ANJAYA SHETTY, SHOP NO. 210(32), NEW NO. 33, LAKSHMI COFFEE WORKS BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561 202, TUMKUR DISTRICT 18. SRI. N PRAVEEN AGED 39 YEARS S/O. N K NAGARAJ, SHOP NO. 201(23), NEW NO. 24, SRI. VENKATACHALA ENTERPRISES, BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561 202, TUMKUR DISTRICT 19. SRI. S L MANJUNATH AGED 40 YEARS S/O. S R LAKSHMINARAYANA SHETTY, SHOP NO. 8, BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561 202, TUMKUR DISTRICT 20. SRI. G V SRINIVASA AGED 55 YEARS S/O. VENKATARATHNAM, SHOP NOS. 259, 260, (NEW NO. 6), BEHIND NEW BUS STAND, TOWN MUNICIPALITY, PAVAGADA - 561 202, TUMKUR DISTRICT 21. SRI. M S ARVINDA AGED 33 YEARS S/O. M K SRINIVASA, SHOP NO. 25, (NEW NO. 7), VENKATADRI TRADERS, OLD BUS STAND , GROUND FLOOR, TOWN MUNICIPALITY, PAVAGADA 5612023, TUMKUR DISTRICT 22. SRI. GOPALAKRISHNA SHETTY AGED 68 YEARS S/O. T. KRUSHNAIAH SHETTY, SHOP NO. 8, (OLD NO. 18), COOL DRINKS CENTRE OLD BUS STAND , GROUND FLOOR, TOWN MUNICIPALITY, PAVAGADA 5612023, TUMKUR DISTRICT.
… PETITIONERS (BY SRI. SHANTAKUMAR K.C., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE 560001 2. THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION, VIDHANA VEEDHI, 9TH & 10TH FLOOR, VISHVESHWARAIAH TOWER SAMPANGI RAMANAGARA BANGALORE-560 001 3. THE TOWN MUNICIPAL COUNCIL PAVAGADA TOWN MUNICIPALITY PAVAGADA, TUMKUR DISTRICT-561 202 REPRESENTED BY ITS CHIEF OFFICER 4. THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR – 572 101.
… RESPONDENTS (BY SRI. SRIDHAR N. HEGDE, HCGP FOR R1, 2 & 4; R3 SERVED AND UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS RELATING TO, CONNECTING AND CONNECTED WITH THE IMPUGNED NOTIFICATION DTD:25.5.2018 VIDE ANNEXURE-A ISSUED BY THE R-3 AND THE UNDATED AND UNNUMBERED E-PROCUREMENT THROUGH TENDER PUBLISHED ON 20.6.2018 VIDE ANNEXURE-B BY THE R-3, PERUSE THE SAME AND DECLARE THEM AS DEVOID OF THE AUTHORITY OF LAW, BESIDES BEING ILLEGAL AND ATBITRARY AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Shantakumar K.C., learned counsel for the petitioners.
Sri. Sridhar N. Hegde, learned High Court Government Pleader for respondent Nos.1, 2 and 4.
None for respondent No.3 though served.
These petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioners inter alia have prayed for the following reliefs:
“(i) Call for the records relating to, concerning and connected with the impugned Notification bearing No.Pupa (Kamsha) Tem/01/2018-19 dated 25.05.2018 vide Annexure-A issued by the 3rd respondent and the undated and unnumbered E-Procurement through tender published on 20.06.2018 vide Annexure-B by the 3rd respondent, peruse the same and declare them as devoid of the authority of law, besides being illegal and arbitrary.
(ii) Issue a consequential direction in the nature of a writ of mandamus directing the respondents not to disturb, evict or eject any of the petitioners from the occupation of their respective leased premises under and in pursuance of the impugned Notification bearing No. Pupa (Kamsha) Tem/01/2018-19 dated 25.05.2018 vide Annexure-A issued by the 3rd respondent and the undated and unnumbered E-Procurement through tender published on 20.06.2018 vide Annexure-B by the 3rd respondent but to continue their lease as per law.”
3. After hearing learned counsel for the parties and from perusal of the record, it is evident that the Bench of this Court by an ad-interim orders dated 11.07.2018 in W.P.Nos.28990-28991/2018 and 05.07.2018 in W.P.Nos.27962/2018 and 28252-28272/2018 had stayed the operation and effect of the order dated 25.05.2018 by which auction was scheduled to be held on 13.07.2018. On account of interim orders granted by this Court, auction in question has not taken place. Therefore, the impugned notification dated 25.05.2018 has lost its efficacy. It is accordingly quashed and set aside.
4. Needless to state that the respondents shall not interfere with the possession of the petitioners over the shops in question except in accordance with law.
With the aforesaid direction, these petitions are disposed of.
Sd/- JUDGE Mds/-