IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.12717 OF 2014 (LB-BMP) Between:
Sri I. Saleem Khan Son of Ismail Khan Aged about 44 years Residing at No.70/6 N.R. Complex, Aswath Nagar Thanisandra Main Road Dr. SRK Nagar Post Bangalore-560 077. …Petitioner (By Sri. Janardhana. G., Advocate) And:
1. The Commissioner Bruhat Bangalore Mahanagara Palike N.R. Square Bangalore-560 002.
2. The Assistant Revenue Officer BBMP East-Markets, 20th Floor Public Utility Building M.G. Road Bangalore-560 001. …Respondents (By Sri. Anand R.B., Advocate for R1& R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to carry out the repairs of the shops at Tannery Road Complex, New Building, Bangalore and further direct them to allot one of the shops to the petitioner 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 In this writ petition, the petitioner has prayed to direct the respondents to carry out the repairs of the shops at Tannery Road Complex, New Building, Bangalore and further direct them to allot one of the shops to him.
2. Earlier this Court in W.P. No.48386/2012 disposed off on 20.03.2013 has passed the order which reads as under:
“3. Though a list of shops to indicate that there are vacant shops has been furnished along with the petition, learned counsel for the respondents on instructions would submit that subsequently certain shops have been allotted and the only shops which are vacant were shop Nos. 17 to 20. However, it is the contention of the learned counsel for the respondents that at this juncture, the same cannot be auctioned or allotted for the reasons that they are in dilapidated condition and requires extensive repairs or reconstruction. In this regard, after repairing the same and bringing it to a habitable condition, the respondents would auction the said shops.
4. Having seen the photographs furnished by the learned counsel for the respondents, I am satisfied that at this juncture, no direction can be issued to the respondents since the shops certainly require major repairs. However, the respondents shall take steps to carryout the repairs as expeditiously as possible and thereafter auction the shops in accordance with law. The petitioner shall also be entitled to take part in the auction process. If the repairs or reconstruction is not carried out within a reasonable time, the petitioner is granted liberty to make a representation to respondent No.1 in that regard and if no action is taken, again re-approach this Court.”
3. Pursuant to the order passed by this Court, the petitioner gave representation vide Annexure-R dated 05.10.2013. Till today, the same is not considered by the respondents.
4. Sri Anand.R.B., learned counsel appearing for respondent Nos. 1 and 2 submit that if a reasonable time is granted, decision will be taken in accordance with law and the same will be communicated to the petitioner.
5. In view of the above, the writ petition is disposed off directing the respondents to consider the representation dated 05.10.2013 vide Annexure-R as per the directions issued by this Court in W.P.No.48386/2012 within six weeks from the date of receipt of a copy of this order.
SD/-
JUDGE SSD