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2024 Supreme(Online)(KAR) 39213
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23511 OF 2022 (LB-BMP)
BETWEEN:
PARAMESHWARAN D S/O DHAMODARAN .K AGED ABOUT 39 YEARS RA/T N.3 36, 8TH B CROSS FLOWER GARDEN, NEAR ZION CHURCH NETHAJI NAGARA, MAGADI ROAD, BANGALORE - 570023.
…PETITIONER (BY SRI. MANJEGOWDA D. S.,ADVOCATE)
AND:
Digitally 1. THE CHIEF COMMISSIONER signed by BRUHATH BANGALORE VANAMALA N MAHANGARA PALIKE Location:
N.R. SQUARE HIGH COURT OF BANGALORE 560 002.
KARNATAKA
2. THE JOINT COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE WEST MALLESWARAM BANGALORE 560 002.
3. THE ASSISTANT REVENUE OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE WEST MARKET SRI KRISHNARAJENDRA MARKET BANGALORE 560 002.
…RESPONDENTS (BY SRI. JAGADEESWARA N. R.,ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO CONSIDER THE REPRESENTATION DATED 20.10.2022 MADE BY THE PETITIONER (ANNEXURE-F) AND THEREUPON ALLOT THE VACANT SHOP IN FRONT OF THE SHOP NO.59/C IN UPPER BASEMENT OF SRI KRISHNARAJENDRA MARKET IN ALTERNATE TO THE PRESENT SHOP NO.E.B.106 TO PETITIONER TO CARRY THE BUSINESS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner has been allotted Shop No.
EB106, Ground Floor of Sri Krishnarajendra Market, Bengaluru, and the petitioner has filed this petition for directions to the respondents to consider his representation for allotment of the vacant shop in No.59/C in the upper basement of this Market.
2. Sri D S Manjegowda, the learned counsel for the petitioner, submits that the petitioner has continued his business in Shop No. EB106 from the year 2004 despite the difficulties caused with the Fire Department putting up certain structure in front of his shop to meet the fire exigencies. The learned counsel submits that the petitioner has paid upto date monthly licence fee which is enhanced at 5% every year. Sri N R Jagadeeswara, the learned counsel for the first to third respondents, is heard in the light of these submissions.
3. Sri N R Jagadeeswara is categorical that if the petitioner has indeed continued in the licensed premises and paid up-to date licence fees, the third respondent can infer that the petitioner has been in business and in that event consider granting an alternative premises, but if the petitioner is not in business for any of these years, every shop that is available for grant of fresh licence must be put up for auction under the Bruhat Bengaluru Mahanagara Palike [Estate and Management] Rules, 2024 that is on the anvil.
4. The significant aspect is that the petitioner's representation has remained unexamined. If the petitioner is not entitled to an alternative shop, he must be made known of the reasons so that he can work out his remedies. Therefore, the competent authority [the third respondent] must be directed to consider the representation after extending the petitioner an opportunity to produce all documents to demonstrate that he is in possession of the Shop No. EB-106 in all these years and has paid up-to date Licence fee.
Hence, the following:
ORDER
[a] The petition stands disposed of reserving liberty to the petitioner to file a representation with all the documents enclosing a certified copy of this order with the third respondent within four [4] weeks from the date of receipt of a certified copy of this order.
[b] The third respondent is directed to extend an opportunity to the petitioner to show cause against reason that could be held against him and communicate the decision on the petitioner's request for alternative shop within three [3] weeks from the date of receipt of a certified copy of this order.
