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2011 Supreme(Kar) 547

S.ABDUL NAZEER
Laxmi Enterprises – Appellant
Versus
Commissioner, Bruhat Bangalore Mahanagara Palike – Respondent


Advocates Appeared:
For the Petitioner:K. Suman, Advocate.
For the Respondents:Abhijith A. Harnahalli, M/s. Haranahalli A/s, Advocates.

Judgment :-

1. In this case, the petitioner has called in question the validity of the notices at Annexures ‘K’ and ‘N’ dated 4.7.2011 and 30.7.2011 respectively issued by the 2nd respondent, to restrain the respondents from demolishing the petition schedule building and for certain other reliefs.

2. Brief facts necessary for disposal of this case are as under:

The Government of Karnataka had passed an order dated 2.6.1977 permitting the then Administrator of the Corporation of City of Bangalore (now Bruhat Bangalore Mahanagara Palike) to lease the land bearing No.38/3 measuring 48 + 35/2 ft. * 150 ft. laying over the drain on the eastern side of Lalbagh Road. Bangalore, by holding public auction. One Sri P.C.Sudharshan was the highest bidder in the auction. He requested the Corporation to transfer the leasehold rights in favour of the petitioner-firm. The Government of Karnataka accorded approval to the Administrator of the Corporation to execute the lease deed in favour of the petitioner as per the order at Annexure ‘A’ dated 28.7.1980. The Corporation executed a lease deed dated 24.9.1980 (Annexure ‘C’) registered on 25.9.1980 in favour of the petitioner for a period of 60 years





























































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