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2022 Supreme(Online)(Kar) 48866
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2022
BEFORE
THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION No.18344 OF 2021 (LB RES)
C/W
WRIT PETITION No.14061 OF 2021 (LB RES)
WRIT PETITION No.17658 OF 2021 (LB RES)
WRIT PETITION No.18344 OF 2021 (LB RES)
BETWEEN:
1.
SHREE KHAJI SAPHIR AHMADA
S/O KHAJI KHALEEL AHAMED,
AGED ABOUT 21 YEARS,
7TH CROSS, NEAR AZAD PARK,
P.H.COLONY, TUMKURU-570101.
2.
SHREE RAGHU SHAVA
S/O BASANTH SHAVA,
AGED ABOUT YEARS,
RESIDING AT NEAR KRISHNA TEMPLE,
BIDIRUMALE THOTO,
TUMKURU-572104.
3.
SHREE AJAYA SINGH
S/O KIRUPAL SINGH,
AGED ABOUT 40 YEARS,
RESIDING AT NO.SRI SAI NIVASA,
2ND CROSS, THE MAIN,
UTTAM LAYOUT, SAPTHGIRI EXTENSION,
2
TUMKURU-572102.
4.
SRI NUSURATH PASHA
S/O MUKHABAL AHAMED,
AGED ABOUT 27 YEARS,
P.R.NAGAR, CHIKKAPERE MAIN ROAD,
TUMKURU-572101.
...PETITIONERS
(BY SMT.MANJULA.D, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA, BENGALURU-560001.
2.
THE DIRECTOR
DIRECTORATE OF MUNICIPALITY,
9TH FLOOR, VISHWASHWARAIAH GOPURA,
DR.AMBEDKAR VEEDHI,
BENGALURU-560001.
3.
THE COMMISSIONER
TUMKURU MAHANAGARA PALIKE,
MINI VIDHANASOUDHA,
TUMKURU 572101.
4.
THE ASSISTANT COMMISSIONER (REVENUE)
TUMKURU MAHANAGARA PALIKE,
TUMKUR-572101.
...RESPONDENTS
(BY SMT.PRATHIMA HONNAPURA, AGA FOR R-1 AND R-2
SRI.SUBRAMANYA, ADVOCATE FOR R-3 AND R-4
WRIT PETITION No.18344 OF 2021 (LB RES) IS
FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF
INDIA
PRAYING
TO
DIRECT
THE
RESPONDENTS
AUTHORITIES TO WAIVE OR SUSPEND OR WITHDRAW
THE DEMAND OF MONTHLY RENT OF THE PETITIONERS
3
SHOPS FOR THE LOCK DOWN PERIOD BY CONSIDERING
THE
REPRESENTATIONS
DATED
29.03.2021
AND
25.06.2021 SUBMITTED BY THE PETITIONERS WHICH ARE
PRODUCED AS ANNEXURE-L AND M RESPECTIVELY AND
ETC
WRIT PETITION No.14061 OF 2021 (LB RES)
BETWEEN
1.
SMT. GEETHA. S
W/O. KARIBASAVAIAH,
AGED ABOUT 36 YEARS,
RESIDING AT L.R. LINGANA VILLAGE,
BELLAVI HOBLI, TUMKURU TALUK,
TUMKUR DISTRICT-572 107.
2.
SRI. NARASIMHA MURTHY
S/O. LATE VENKATARAMAIAH,
AGED ABOUT 42 YEARS,
RESIDING AT PERMANAHALLI,
DODDANARAVANGALA POST,
TUMKURU-572 107.
3.
SRI. MOHAMMED ATHIHA
S/O. MOHAMMED JAKAULLA,
AGED ABOUT 36 YEARS,
RESIDING AT KYTHSANDRA,
MYDALA CROSS,
TUMKURU-572 104.
4.
SRI. SYED ASIF PASHA
S/O. SYED NAZEER AHAMED,
AGED ABOUT 41 YEARS,
RESIDING AT M.I.G. NO.33,
K.H.B. COLONEY, JAIPUR MAIN ROAD,
TUMKURU-572 101.
4
5.
SRI. VENKATESH
S/O. CHIKKGANGAIAH,
AGED ABOUT …… YEARS,
RESIDING AT NEAR AKKA THANGI KERE,
HOSSALLAYANA THOTA,
BATAWADI, TUMKURU TALUKU,
TUMKURU-572 102.
6.
SRI. MOHAMMED AMIN
S/O. NOOR MOHAMMED,
AGED ABOUT …… YEARS,
RESIDING AT EDGA MOHALLA MAIN ROAD,
TUMKURU-572103.
…PETITIONERS
(BY SMT.MANJULA.D, ADVOCATE)
AND
1.
THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA, BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2.
THE DIRECTOR
DIRECTORATE OF MUNICIPALITY,
9TH FLOOR, VISHWESHWARAIAH GOPURA,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001.
3.
THE COMMISSIONER
TUMKURU MAHANAGARA PALIKE,
MINI VIDHANA SOUDHA,
TUMKURU-572 101.
4.
THE ASSISTANT COMMISSIONER (REVENUE)
TUMKURU MAHANAGARA PALIKE,
TUMKURU-572101.
…RESPONDENTS
(BY SMT.PRATHIMA HONNAPURA, AGA FOR R-1 AND R-2
5
SRI.SUBRAMANYA, ADVOCATE FOR R-3 AND R-4 )
WRIT PETITION No.14061 OF 2021 (LB RES) IS
FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF
INDIA PRAYING TO QUASH THE IMPUGNED LETTER
BEARING DTD 04.05.2021 PASSED BY THE R-2 A COPY OF
WHICH IS PRODUCED AT ANNX-R AND ETC
WRIT PETITION No.17658 OF 2021 (LB RES)
BETWEEN
1.
SMT. K. S. LATHA
W/O ARADYA
AGED ABOUT 43 YEARS
RESIDING AT SIDDESHWARA NILAYA
C/O MAHADEVAIAHM BEHIND
KALIDASA COLLEGE, SIRA GATE
TUMAKUR-572101
2.
SRI. NARASIMHA MURTHY
S/O SIDDAPPA
AGED ABOUT 45 YEARS
R/AT JAKKANAHALLI
BENGALURU RURAL DISTRICT
3.
KRISHNAMURTHY
S/O MALIGAPPA
AGED ABOUT 55 YEARS
GARDEN ROAD,
THOTADA ROAD, AGRAHARA
TUMAKURU - 572101.
4.
ENAYATH
S/O NANNEJAN SAB
AGED ABOUT 38 YEARS
RESIDING AT SANTHBEEDHI ROAD
KYSATHSANDRA, VTC
TUMKURU - 572104.
6
5.
SRI PANCHAKSHRAIAH
S/O LATE CHANNA MALLAIAH
AGED ABOUT 43 YEARS
RESIDING AT PATHAGANA HALLI
KORATEGERE, TUMKURU DISTRICT.
...PETITIONERS
(BY SMT.MANJULA.D., ADVOCATE)
AND
1.
THE STATE OF KARNATAKA
REPRESENTED ITS PRINCIPAL SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA , BENGALURU-560 001
2.
THE DIRECTOR
DIRECTORATE OF MUNICIPALITY
9TH FLOOR, VISHWASHWARAIAH GOPURA
DR. AMBEDKAR VEEDHI
BENGALURU - 560001
3.
THE COMMISSIONER
TUMKURU MAHANAGARA PALIKE
MINI VIDHANASOUDHA
TUMKURU - 572101
4.
THE ASSISTANT COMMISSIONER (REVENUE)
TUMAKURU MAHANAGARA PALIKE
TUMKURU - 572101.
…RESPONDENTS
(BY SMT.PRATHIMA HONNAPURA, AGA FOR R-1 AND R-2
SRI.SUBRAMANYA, ADVOCATE FOR R-3 AND R-4 )
WRIT PETITION No.17658 OF 2021 (LB RES) IS
FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF
INDIA
PRAYING
TO
DIRECT
THE
RESPONDENTS
AUTHORITIES TO WAIVE OR SUSPEND OR WITHDRAW
THE DEMAND OF MONTHLY RENT OF THE PETITIONERS
7
SHOPS FOR THE LOCKDOWN PERIOD BY CONSIDERING
THE REPRESENTATION DTED 29.03.2021 AND 25.06.2021
SUBMITTED BY THE PETITIOENRS VIDE ANNX-N AND P
RESPECTIVELY AND ETC.
THESE
WRIT
PETITIONS
COMING
ON
FOR
PRELIMINARY
HEARING
THROUGH
VIDEO
CONFERENCING/PHYSICAL
HEARING
THIS
DAY,
THE
COURT MADE THE FOLLOWING:
In all these writ petitions, the petitioners who have
been allotted shops by the Tumakuru Mahanagara Palike in
private civil municipal bus stops on lease for a period of 12
years are before this Court seeking for a direction to
suspend or withdraw the demand of monthly rent of the
shops during the lockdown period by considering the
representations submitted by the petitioners.
2. Sri R Subrahmanya, learned Additional Advocate
General submits that petitioners have not deposited the
monthly rents with the Tumakuru Mahanagara Palike for
the pre-covid period and post-covid period and as such the
representations submitted by the petitioners cannot be
considered. He further submits that the claim of the
8
petitioners for withdrawal or suspending the monthly rent
during the lockdown period can be considered subject to
the condition that the petitioners deposit the arrears of
monthly rent for the pre-covid period and post-covid
period. Learned Additional Advocate General submits that
he has furnished the details of rent payable by the
petitioners for the pre-covid period and post-covid period.
3. The same is placed on record and is extracted
hereunder for ready reference:
Petitioner
Shop
No.
Advance
Rent
(Rs.)
Monthly
Rent (Rs.)
Rent due pre-
Covid period
(Rs.)
Rent due
post-Covid
period
(Rs.)
Total Rent
Due
(Rs.)
Rent
Due
Since
Petitioner
No.1
46
3,35,000/
-
12,600/-
1,10,376/-
2,84,880/-
7,43,800/-
Sep
2018
Petitioner
No.1
44
3,35,000/
-
8500/-
13,770/-
1,81,390/-
2,73,700/-
Feb
2020
Petitioner
No.2
50
3,35,000/
-
12,500/-
1,91,250/-
2,72,750/-
5,73,500/-
NA
Petitioner
No.3
40
8,00,000/
-
7,900/-
1,86,023/-
2,12,026/-
4,81,788/-
Mar
2019
Petitioner
No.4
41
8,00,000/
-
9,400/-
2,95,619/-
34,068/-
4,22,498/-
Feb
2021
Petitioner
No.5
56
3,35,000/
-
23,000/-
1,14,560/-
5,01,690/-
8,17,900/-
Feb
2020
Petitioner
No.5
49
3,35,000/
-
8,500/-
56,100/-
1,85,470/-
3,16,030/-
Nov
2019
Petitioner
No.6
82
8,00,000/
-
10,900/-
2,51,791/-
1,30,564/-
4,96,307/-
May
2019
9
4. The rent arrears details as against the petitioners
in W.P.No.18344/2021-
Petitioner
Shop
No.
Advance
Rent
(Rs.)
Monthly
Rent (Rs.)
Rent due pre-
Covid period
(Rs.)
Rent due
post-Covid
period
(Rs.)
Total Rent
Due
(Rs.)
Rent
Due
Since
Petitioner
No.1
94
3,35,000/
-
15,500/-
73,470/-
1,95,300
4,00,520/-
Apr
2020
Petitioner
No.2
92
8,00,000/
-
17,300/-
3,87,752/-
2,24,292/-
7,27,914/-
Feb
2020
Petitioner
No.3
93
8,00,000/
-
13,900/-
3,89,711/-
2,73,472/-
8,04,460/-
Mar
2020
Petitioner
No.4
83
8,00,000/
-
11,900/-
7,01,378/-
2,18,005/-
10,34,289/
-
Mar
2020
5. The rent arrears details as against the petitioners
in W.P.No.17658/2021-
Petitioner
Shop
No.
Advance
Rent
(Rs.)
Monthly
Rent (Rs.)
Rent due pre-
Covid period
(Rs.)
Rent due
post-Covid
period
(Rs.)
Total Rent
Due
(Rs.)
Rent
Due
Since
Petitioner
No.1
04
8,00,000/
-
14,800/-
3,74,939/-
1,89,117/-
8,22,989/-
Jun
2019
Petitioner
No.2
03
8,00,000/
-
17,300/-
2,06,970/-
3,40,372/-
7,23,180/-
Dec
2019
Petitioner
No.3
24
8,00,000/
-
10,500/-
4,35,111/-
2,06,584/-
7,48,418/-
Jan
2020
Petitioner
No.4
54
8,00,000/
-
10,400/-
1,17,003/-
72,759/-
2,77,390/-
Feb
2021
Petitioner
No.5
05
8,00,000/
-
16,800/-
6,42,418/-
7,245/-
8,09,588/-
Feb
2021
10
6. Learned counsel for the petitioners submit that if
reasonable time is granted, arrears of monthly rent will be
deposited by the petitioners.
7. Therefore, it is expedient to dispose of the writ
petitions directing the petitioners to deposit the arrears of
rent as detailed above with the Tumakuru Mahanagara
Palike within 3 months from today. Petitioners are
required to deposit 25% of the monthly arrears of rent
with the Tumakuru Mahanagara Palike within 30 days from
today and the balance amount of monthly arrears of rent
within two months thereafter. In the event, the petitioners
fail to deposit 25% of arrears of rent within 30 days from
today, the respondents are at liberty to take coercive steps
against the petitioners.
8. It is submitted that petitioners request for
withdrawal or suspending the arrears
