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.44751-44752/2015 (LB-RES) C/W W.P.Nos.44821-44822/2015 (LB-RES) W.P.Nos.44825-44826/2015 (LB-RES) W.P.Nos.44596-44597/2015 (LB-RES) W.P.Nos.44598/2015 & 44608/2015 (LB-RES) IN W.P.Nos.44751-44752/2015 BETWEEN:
SRI. SOORAIAH S/O.DABBAKALAIAH AGED ABOUT 50 YEARS ARVETI PROVISION SHOP NO.33, 65, MAHADEVI ROAD CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... PETITIONER (BY SRI.RAMA BHAT K., ADV.) AND 1. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY TO GOVT. TOWN PLANNING DEPARTMENT VIKAS SOUDHA BENGALURU-560001.
2. THE COMMISSIONER MUNICIPAL OFFICE CHALLAKERE MUNICIPALITY CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... RESPONDENTS (BY SRI.M.A SUBRAMANI, HCGP. FOR R1, SRI. R. PURUSHOTHAM, ADV. FOR R2) IN W.P.Nos.44821-44822/2015 BETWEEN SRI K P RAJU S/O.K.PARAMESHWARAPPA AGED ABOUT 53 YEARS LAKSHMI GLASS & PLYWOOD SHOP NO.16/48, MAHADEVI ROAD CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... PETITIONER (BY SRI.RAMA BHAT K., ADV.) AND 1. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY TO GOVT. TOWN PLANNING DEPARTMENT VIKAS SOUDHA BENGALURU-560001.
2. THE COMMISSIONER MUNICIPAL OFFICE CHALLAKERE MUNICIPALITY CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... RESPONDENTS (BY SRI.M.A. SUBRAMANI, HCGP. FOR R1, SRI. R. PURUSHOTHAM, ADV. FOR R2) IN W.P.Nos.44825-44826/2015 BETWEEN SRI B CHANDRASHEKHARACHAR S/O BHASKARACHAR AGED ABOUT 74 YEARS SHIVASHAKTHI WOOD INDUSTRIES SHOP NO.19/51, MAHADEVI ROAD CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... PETITIONER (BY SRI.RAMA BHAT K., ADV.) AND 1. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY TO GOVT. TOWN PLANNING DEPARTMENT VIKAS SOUDHA BENGALURU-560001.
2. THE COMMISSIONER MUNICIPAL OFFICE CHALLAKERE MUNICIPALITY CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... RESPONDENTS (BY SRI.M.A. SUBRAMANI, HCGP. FOR R1, SRI. R. PURUSHOTHAM, ADV. FOR R2) IN W.P.Nos.44596-44597/2015 (LB-RES) BETWEEN SRI. B.V. MANOHARA S/O. B. VEERAPPA AGED ABOUT 52 YEARS PROPRIETOR M/S. JAYALAXMI PROVISION STORES SHOP NO. 38/70, MAHADEVI ROAD CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... PETITIONER (BY SRI.RAMA BHAT K., ADV.) AND 1. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY TO GOVT. TOWN PLANNING DEPARTMENT VIKAS SOUDHA BENGALURU-560001.
2. THE COMMISSIONER MUNICIPAL OFFICE CHALLAKERE MUNICIPALITY CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... RESPONDENTS (BY SRI.M.A. SUBRAMANI, HCGP. FOR R1, SRI. R. PURUSHOTHAM, ADV. FOR R2) IN W.P.No.44598/2015 & W.P.No.44608/2015 BETWEEN SRI M G RAMA MURTHY S/O LATE. GOVINDAPPA AGED ABOUT 56 YEARS VARUN TRADERS SHOP NO.39/71, MAHADEVI ROAD CHALLAKER PIN-577522 CHITRADURGA DISTRICT.
... PETITIONER (BY SRI.RAMA BHAT K., ADV.) AND 1. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY TO GOVT. TOWN PLANNING DEPARTMENT VIKAS SOUDHA BENGALURU-560001.
2. THE COMMISSIONER MUNICIPAL OFFICE CHALLAKERE MUNICIPALITY CHALLAKERE PIN-577 522 CHITRADURGA DISTRICT.
... RESPONDENTS (BY SRI.M.A.SUBRAMANI, 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