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2013 Supreme(Kar) 1337

RAVI MALIMATH
Gregory D'SA – Appellant
Versus
Udupi City Municipal Council – Respondent


Advocates:
Advocate Appeared:
Sampat Ananda Shetty, for the Appellant
T.I. Abdulla, N.B. Vishwanath, AGA, for the Respondent

ORDER

Ravi Malimath, J.—I.A. 1/2013 has been filed by the 1st respondent seeking to vacate the stay order granted. Considering the said application would amount to hearing the petitions. Both counsels have advanced arguments on the merits of the petition. The case of the petitioners is that based on a lease executed by the 1st respondent-Municipality they are continuing in the premises in question. On the basis that the building is an old one and in a dilapidated condition Annexure-A came to be issued, wherein the extension of lease sought for by the petitioners was declined. The basis on which Annexure-A was passed was a resolution vide Annexure-B and hence, both these are sought to be quashed.

2. Learned counsel for petitioners contends that the building is extremely strong and built of granite. It is nowhere close to being in a dilapidated condition and that it would stay strong for a long time to come. Therefore, the reason assigned is inappropriate. In support of his case, he has, relied upon the unreported judgment of this Court in W.P. No. 7421/2009 and connected matters disposed on 17.4.2009 to the effect that since no reasons are assigned before taking any action, the impugn








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