SRI. S RAJU vs STATE OF KARANATAKA - 2024 Supreme(Online)(Kar) 38659

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2024 Supreme(Online)(Kar) 38659

WP No. 8106 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23710 OF 2018 (LB-RES)
C/W WRIT PETITION NO. 54014 OF 2017 (LB-RES)
WRIT PETITION NO. 8106 OF 2018 (LB-RES)
IN WP NO. 23710/2018 BETWEEN:
1. SRI. S RAJU S/O. SANJEEVAIAH, AGED ABOUT 38 YEARS SHOP NO.1 AND 14, IDSMT,L OPP TO OLD KEB, MALUR TOWN, MALUR - 563130. KOLAR DISTRICT.
Digitally signed by 2. SRI. ANWAR PASHA NARASIMHA S/O. BABU SAB, MURTHY VANAMALA SHOP NO.3, IDSMT, Location:
OPP TO OLD KEB, HIGH COURT OF MALUR TOWN, KARNATAKA MALUR - 563130. KOLAR DISTRICT.
3. SRI. T.V. NANJUNDAPPA S/O. VENKATAPPA, AGED ABOUT 60 YEARS SHOP NO.5, IDSMT, WP No. 8106 of 2018 OPP TO OLD KEB, MALUR TOWN, MALUR - 563130. KOLAR DISTRICT.
4. SRI. M.L. RAMESH KUMAR S/O. LAKSHMINARAYANAPPA, SHOP NO.6, IDSMT, OPP TO OLD KEB, MALUR TOWN, MALUR - 563130. KOLAR DISTRICT.
5. SRI. RAJASHEKAR S/O. Y.V. CHIAPA, AGED ABOUT 63 YEARS SHOP NO.7, IDSMT, OPP TO OLD KEB, MALUR TOWN, MALUR - 563130. KOLAR DISTRICT.
6. SRI. S. SHAILESH KUMAR S/O. M. SRINIVASMURTHY, SHOP NO.8, IDSMT, OPP TO OLD KEB, MALUR TOWN, MALUR - 563130. KOLAR DISTRICT.
7. SRI. VEMAN S/O. MUNIREDDY, SHOP NO.10, IDSMT, OPP TO OLD KEB, MALUR TOWN, MALUR - 563130.
WP No. 8106 of 2018
8. SRI. C.P. NAGARAJ S/O. M.S. CHANARAYAPPA, AGED ABOUT 62 YEARS SHOP NO.11, IDSMT, OPP TO OLD KEB, MALUR TOWN, MALUR - 563130. KOLAR DISTRICT.
9. SRI. BABASAB S/O. AHAMED BAIG, AGED ABOUT 70 YEARS SHOP NO.12, IDSMT, OPP TO OLD KEB, MALUR TOWN, MALUR - 563130. KOLAR DISTRICT.
…PETITIONERS (BY SRI. A MADHUSUDHANA RAO.,ADVOCATE)
AND:
1. STATE OF KARANATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE - 01.
2. THE TOWN MUNICIPAL COUNCIL MALUR TOWN, MALUR TALUK, 3. ASSISTANT COMMISSIONER WP No. 8106 of 2018 KOLAR - 560031.
4. DEPUTY COMMISSIOINER KOLAR DISTRCIT, KOLAR - 560 0.
5. THE PLANNING DIRECTOR DISTRICT URBAN DEVELOPMENT CENTRE, KOLAR - 563 130.
6. SRI. C. LAKSHMINARAYAN MUNICIPAL COUNCIL, MALUR, KOLAR DISTRICT - 563 130.
…RESPONDENTS (BY SRI. NAVEEN CHANDRASHEKAR., AGA FOR R1, R3 & R4; R6 SERVED; NOTICE NOT ORDERED IN RESPECT OF R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE IMPUGNED ORDER PASSED BY R-3 IN CASE NO.M.U.N.C.R/04/2016-17 DATED 9.12.2016 VIDE ANNX-F; QUASH THE IMPUGNED LETTER DATED 03.08.2017 ADDRESSED BY R-4 TO R-2 VIDE ANNX-G; QUASH THE FINAL NOTICES DATED 07.11.2017 ISSUED BY R-2 TO THE PETITIONERS VIDE ANNX-H1 TO H9; DIRECT THE R-2 TO ACT AS PER THE RESOLUTIONS DATED 14.06.2016 AND 27.07.2016 RESPECTIVELY, ALLOW THIS W.P.
WP No. 8106 of 2018 IN WP NO. 54014/2017 BETWEEN:
1. SRI A R PRADEEP KUMAR S/O A G RAMASWAMY REDDY, AGED ABOUT 60 YEARS SHOP NO.1,OPP TO GOVT HOSPITAL, BUS STAND,MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
2. SRI IMRAN ALI KHAN S/O LATE SAMIULLA KHAN, AGED ABOUT 38 YEARS SHOP NO.2,OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
3. SRI MOHAMED VAZIR S/O MOHAMED IBRAHIM, AGED ABOUT 45 YEARS SHOP NO.3,OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
4. SRI ABDUL KAREEM S/O ABDUL KAREEM, AGED ABOUT 62 YEARS SHOP NO.4,OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 WP No. 8106 of 2018 5. SRI K N MAHESH S/O NAGABHUSHAN K AGED ABOUT 39 YEARS SHOP NO.5,OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
6. SRI M MOHAMED AMIR S/O MOHAMED MEHABOOB, SHOP NO.7,OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
7. SRI K R GOPINATH S/O RAMAIAH SHETTY, AGED ABOUT 45 YEARS SHOP NO.8,OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
8. SRI IMRAN S/O SAYED BABA JAN, AGED ABOUT 35 YEARS SHOP NO.9,OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
9. SRI C P NAGARAJ S/O M S CHANARAYAPPA, SHOP NO 10,OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 WP No. 8106 of 2018
10. SRI B S KUMAR S/O G. BASAVAIAH, AGED ABOUT 55 YEARS SHOP NO 11,OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
11. SRI P SRINIVAS S/O PAPPAIAH, AGED ABOUT 49 YEARS SHOP NO 12, OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
12. SRI M ANANTHU S/O MUNIYAPPA, AGED ABOUT 76 YEARS SHOP NO 13,OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
13. SRI VENKATARAMANAPPA S/O MUNISHAMAPPA, AGED ABOUT 92 YEARS SHOP NO 14,OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
14. SRI M V SOMASHEKAR S/O VENKATARAMANAPPA M AGED ABOUT 54 YEARS SHOP NO 15 AND 16, OPP TO GOVT HOSPITAL WP No. 8106 of 2018 BUS STAND,MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
15. SRI N V PRASHANTH S/O M V VENKATCHALAPATHI SHETTY, SHOP NO 17, OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
16. SRI T V NANJUNDAPPA S/O VENKATAPPA, AGED ABOUT 48 YEARS SHOP NO 18, OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
17. SRI THITUMALESH S/O M NARAYANASWAMY, AGED ABOUT 45 YEARS SHOP NO 19, OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
18. SRI K M MURTHY S/O MUNIYAPPA, AGED ABOUT 64 YEARS SHOP NO 20, OPP TO GOVT HOSPITAL BUS STAND,MALUR TOWN, MALUR-563 130 WP No. 8106 of 2018 KOLAR DISTRICT.
19. SRI M N RAMAKRISHNA S/O B R NARAYANAPPA, AGED ABOUT 40 YEARS SHOP NO 3 & 4, INSIDE BUS STAND, MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
20. SRI S P KOMAL S/O NARAYANAPPA, SHOP NO 5, INSIDE BUS STAND, MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
21. SRI M HYDER ALI KHAN S/O MAHABOOB KHAN, AGED ABOUT 60 YEARS SHOP NO 6, INSIDE BUS STAND, MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
22. SRI RAMAKRISHNA S/O KESHAVAIAH, AGED ABOUT 56 YEARS SHOP NO 7, INSIDE BUS STAND, MALUR TOWN, MALUR-563 130 WP No. 8106 of 2018
23. SRI T C RUDRAPPA S/O T C CHANDRAIAH, AGED ABOUT 50 YEARS SHOP NO 8, INSIDE BUS STAND, MALUR TOWN, MALUR-563 130 KOLAR DISTRICT.
…PETITIONERS (BY SRI. A. MADHUSUDHANA RAO.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBANB DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR-560 031.
3. THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION, KOLAR-560 031.
4. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL, MALUR TOWN, MALURU-560 130 KOLAR DISTRICT. …RESPONDENTS (BY SRI. NAVEEN CHANDRASHEKAR, AGA FOR R1 TO R3; SRI. RAMESH KUMAR R.V., ADVOCATE FOR R4)
WP No. 8106 of 2018 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE CIRCULAR ISSUED BY THE RESPONDENT NO.1 DATED 14.08.2015 PRODUCED AS ANNEXURE-M TO THE WRIT PETITION; DECLARE THAT THE RULE 39 OF MUNICIPAL (GUIDANCE OF OFFICERS GRANT OF COPIES AND MISC. PROVISION) RULES 1966 IS NOT APPLICABLE FOR RENEWAL OF LEASE OF COMMERCIAL SHOPS; AND DIRECT THE RESPONDENTS NO.4 TO RE-CONSIDER THE REPRESENTATION OF THE PETITIONRS DATED 25.10.2017 PRODUCED AS ANNEXURE-J TO THE WRIT PETITION.
IN WP NO. 8106/2018 BETWEEN:
1. SRI.PRABHANANDA S/O LAKSHMAIAH REDDY AGED ABOUT 47 YEARS R/AT: C/O V.R. AGENCIES R.F. ROAD, MALUR TOWN, KOLAR DISTRICT 563 130.
2. SRI. G. SURESH S/O GURAPPA AGED ABOUT 41 YEARS R/AT C/O GURAPPA SAI RAM ENTERPRISES T.M.C. COMPLEX, MAIN ROAD, CORPORATION ATM MALUR, KOLAR DISTRICT 563 130.
WP No. 8106 of 2018
3. YASHODAMMA D/O C.N. MUNISHAMAIAH AGED ABOUT 46 YEARS R/AT MARASANDRA VILALGE HURALAGERE POST MALUR TALUK, KOLAR DISTRICT 563 130. 4. SRI. G.V. VENKATESH S/O G. VENKATASWAMY R/AT NO.359, ANJANEYASWAMY TEMPLE STREET MARUTHI EXTENSION MALUR, KOLAR DISTRICT 563 130.
5. SRI. SRINATH S/O S. VENKATACHALAPATHI R/AT: OPP. UNIQUE INTERNATIONAL SCHOOL, MARUTHI EXTENSION MALUR, KOLAR DISTRICT 563130.
6. SRI. B.R. ARUNKUAMR S/O B.K. RAJACHAR R/AT: SHOP NO.7, SRI. NANDINI MILK DAIRY BENGLAURU MAIN ROAD, MALUR TOWN KOLAR DISTRICT 563130.
7. SRI. K.A. HARIDAS S/O LATE K.M. ANJINAPPA R/AT: DODDA KADATHUR VILLAGE MALUR LPOST WP No. 8106 of 2018 8. SRI. M. NATARAJ S/O M. MUNISWAMAPPA AGED ABOUT 52 YEARS R/AT: OPP. SRI VENUGOPALASWAMY TEMPLE R.F. ROAD, MLAUR TOWN, KOLAR DISTRICT 563130.
9. SRI. SUBRAMANI S/O PERIMALAPPA R/AT OPP. SRI VENUGOPALASWAMY TEMPLE R.F. ROAD, MALUR TOWN, KOLAR DISTRICT 563 130.
10. SRI. SRINIVAS S/O M.P. MUNIYAPPA AGED ABOUT 45 YEARS R/AT MALEYAPANAHALLI, HUNGENALLI POST MALUR TALUK, KOLAR DISTRICT 563130.
11. SRI. DAYAKARKOTIAN S/O MECHAPOOJARY AGED ABOUT 55 YEARS R/AT: SHOP NO.14, SHANKAR KABAB CARNAR TME BUILDING OPP. PRAGATHI GRAMEENA BANK, BENGALURU MAIN ROAD, MALUR TOWN …PETITIONERS (BY SRI. RAHUL S REDDY.,ADVOCATE)
WP No. 8106 of 2018 AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTEMNT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU 560 001.
2. THE DIRECTOR DIRECTORATE OFMUNICIPAL ADMINISTRATION AMBEDKAR ROAD, 9TH & 10TH FLOOR VISHVESHWARAIAH TOWER, SAMPANGI RAMANAGARA, BENGALURU 560 001.
3. CHIEF OFFICER MUNCIPALITY MALUR 563 130.
4. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR 563 101.
5. THE ASSISTANCE COMMISSIONER KOLAR SUB-DIVSIION KOLAR 563 101.
…RESPONDENTS (BY SRI.NAVEEN CHANDRASHEKAR, AGA FOR R1, R2, R4 & R5;
SRI. RAMESH KUMAR R.V., ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO-
WP No. 8106 of 2018 QUASH THE ORDER DATED 09.12.2016 INMUN/CR- 4/2016-17 BY THE 3RD RESPONDENT VIDE ANNEXURE- F; QUASH THE NOTICE DATED 07.11.2017 IN NO.Pu.Sa.Ma / SHOP / C.R.256 /2017-18 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-L TO L10; DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION VIDE ANNEXURE-K DATED
25.10.2017.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioners are in possession of the different properties granted to them on lease by the Malur Municipal Council, and the petitioners are aggrieved by the decision to issue tender for grant of fresh lease of these premises. It is undisputed that the Municipal Council has proposed fresh tender because the lease granted in favour of the petitioners and others has expired.

WP No. 8106 of 2018 This Court, on 14.03.2024, has called upon the learned counsels for the petitioners to respond in the light of a string of decisions by this Court extending opportunity to the tenants, who have continued in possession after the expiry of the lease period, to participate in the auction subject to the right of refusal lest they incur the possibility of being blacklisted if they insist upon eviction and after due process.

The learned counsel for the petitioners are unanimous in their submission that the Municipal Council may be permitted to issue fresh notification inviting offers for grant of fresh lease but with right of first refusal to them with liberty to offer 5% more than the highest bids received for their corresponding shops. Sri Ramesh Kumar R V, the learned counsel for the second respondent, responding to these unequivocal and categorical statements, submits that the petitioners are in possession of 43 shop premises WP No. 8106 of 2018 out of total number of 53 shop premises and the Municipal Council will issue fresh tender notification at the earliest but not later than the month of July 2024 and the petitioners could be permitted to exercise the right of first refusal provided they offer 5% more than the highest offer received pursuant to the tender notification within a reasonable period upon due intimation in that regard. In the light of these unanimous submissions, the petitions stand disposed of by this order observing that the petitioners will be at liberty to participate in the auction without prejudice to their Right of First Refusal. ORDER [A] The second respondent, the Malur Town Municipal Council, is permitted to reissue tender notification for grant of fresh lease of the shop premises in the complex called 'IPSNT' Complex but with the WP No. 8106 of 2018 condition that the notification shall include the clause that the petitioners have been given the Right of First Refusal.

[B] The petitioners, upon due receipt of the information of the completion of the tender process and the highest bid offered for the corresponding shops, shall be at liberty to exercise the right of first refusal subject to paying 5% over and above the highest bid received for the respective shops by the second respondent.

[C] The second respondent shall ensure that the notice of right of first refusal is served on the petitioners in the regular course and personally by affixture on the corresponding shops to ensure that there is no room for further dispute.

WP No. 8106 of 2018 [D] It is needless to observe that if the petitioners fail to exercise the right of first refusal as aforesaid, they shall without ado handover, on their volition, vacant possession of the corresponding premises to the second respondent, and failing which, the second respondent shall be entitled in law to take physical possession and with the assistance of the jurisdictional Police.

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