IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.34981 OF 2013 (GM-PP) BETWEEN:
TIRUMALAI B.R.
AGED ABOUT 51 YEARS S/O B K RAMACHANDRAN R/AT NO.9. 3RD SHOP LANE TATA SILK FARM BASAVANAGUDI BANGALORE 560 004.
(By Mr. SKANDA R.K. RAO, ADV., FOR Mr. T.N. VISHWANATH, ADV.,) AND:
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST BANGALORE 560020.
(By Mr. KRISHNA, ADV.,) … PETITIONER … RESPONDENT - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSDIER THE REPRESENTATION GIVEN BY THE PETITIONER PRODUCED AS ANNEX-H. QUASH ANNEX-G DATED 18.5.2013 THE ORDER PASSED U/S.5(1) OF THE KARNATAKA PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1974 AS THE ORDER HAS BEEN PASSED AGAINST A PERSON WHO HAS SOLD THE PROPERTY MORE THAN 7 YEARS AGO & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Skanda.R.K.Rao, learned counsel for Sri.T.N.Vishwanath, learned counsel for the petitioner.
Sri.Krishna, learned counsel for the respondent.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for quashment of the order dated 18.05.2013 passed under Section 5(1) of the Karnataka Public Premises (Eviction of Unauthorized Occupants) 1974.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner had purchased the property by a registered sale deed dated 20.11.2006 and the impugned order has been passed on 18.05.2013 in which the petitioner was not impleaded as respondent. It is further submitted that on the strength of the sale deed executed in favour of the petitioner, he is in possession of the property thereof and the impugned order is passed without affording an opportunity of hearing. On the other hand, learned counsel for the respondent fairly submitted that Annexure-G be treated as show cause notice and the petitioner be granted liberty to submit the reply and thereafter, the competent authority be directed to proceed with the matter in accordance with law.
5. In view of the submissions made and taking into account the fact that since, the impugned order has been passed without affording an opportunity of hearing to the petitioner. The same is quashed and annexure-G is treated as show cause notice issued to the petitioner. The petitioner shall file an objection to the aforesaid show cause notice within a period of three weeks from the date of receipt of certified copy of the order passed today. Thereafter, the competent authority shall proceed to deal with the matter in accordance with law.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS