IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD W.P.No.33893 OF 2014(GM-R/C) BETWEEN:
Sri. Veeranna.S S/o Late. Sanjeevappa Aged about 65 years Having business place at Shop belongs to Shree Vykunta Janardha Swamy Temple Doddabllapura Town Bangalore Rural District. … Petitioner (By Sri.H.V.Subramanya, Advocate) AND:
1. The State of Karnataka Represented by its Principal Secretary Department of Religious and Charitable Institutions, Bangalore.
2. The Assistant Commissioner Department of Hindu Religious And Charitable Institutions 4th Floor, Podium Block Bangalore-560 001. ... Respondents (By Smt. Niloufer Akbar, AGA.) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the notice dated:09.06.2014 issued by the R2 vide Annexure-E & direct the respondents to consider the letter/representation filed by the petitioner vide Annexure-D and direct R2 to accept the rent from the petitioner for the period from July 2013 upto date at the agreed and accepted rate of Rs.400./- per month and etc., This writ petition, coming on for preliminary hearing in ‘B’ group this day, the Court, made the following:
ORDER This writ petition is directed against the order dated 09.06.2014 issued by the second respondent Assistant Commissioner vide Annexure-E.
2. The petitioner is a tenant of shop in the building belongs to Shree Janardhanaswamy Temple, Doddaballapura Town, Bangalore Rural District on a rent. He was in possession of the said shop as a tenant for the last 30 years. It is the further case of the petitioner that petitioner was paying a monthly rent at the rate of Rs.400/- per month upto June 2013. On 06.01.2014, respondent No.2 – Assistant Commissioner has issued a notice calling upon the petitioner to pay the arrears of rent from 01.08.2002 at the rate of Rs.720/- per month. Subsequently, one more notice has been issued vide Annexure-C dated 19.03.2014. Subsequently, by Annexure-D dated 10.04.2014 petitioner had given a reply to the notice issued by the second respondent. Finally on 09.06.2014 the second respondent has issued a notice calling upon the petitioner to pay the due amount of Rs.50,240/-. Being aggrieved by the same, petitioner has filed this writ petition.
3. Sri H.V.Subramanya, learned counsel for the petitioner submits that the petitioner was a tenant in the premises for the last 35 years and he was paying a rent of Rs.400/- per month upto 2013. The same has been accepted by the respondents. Now, without informing the petitioner they have raised the rent from Rs.400/- to Rs.720/- per month from July 2002. The petitioner has given a reply to the notice issued by the authorities. But without considering the same now they have passed an order by way of a notice calling upon the petitioner to pay the Rs.50,240/- as arrears of rent. Hence, the petitioner sought for allowing the writ petition.
4. Per contra, Smt.Niloufer Akbar, learned Additional Government Advocate submits that the Deputy Commissioner has passed the order on 23.01.2003 stating that from 01.08.2002 the rent has been enhanced to Rs.720/- per month. As on today that order has not been challenged by the petitioner. Hence she sought for dismissal of the writ petition.
5. The petitioner was paying the rent of Rs.400/- per month. The Deputy Commissioner by order dated 23.01.2003 has revised the rate of rent from Rs.400/- to Rs.720/- per month. This order is in force as this has not been challenged by the petitioner. In terms of that order the Assistant Commissioner has issued a notice. Finally he has passed an order vide Annexure-E . He has asked the petitioner to pay the arrears of rent of Rs.50,240/- in terms of the order passed by the Deputy Commissioner on 23.01.2003. Therefore, this Court does not find any error in the order passed by the Assistant Commissioner.
Accordingly writ petition is dismissed.
However, liberty is reserved to the petitioner to give a representation to the competent authority for reconsidering any reduction in the arrears of rent. If such a representation is given the same may be considered sympathetically.
Sd/- JUDGE Cm/-