Karnataka High Court
Sri C M Lingaraju vs The State Of Karnataka on 25 July, 2023
Author: R Devdas
Bench: R Devdas
-1-
NC: 2023:KHC:25805
WP No. 7618 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.7618 OF 2023 (LB-RES)
BETWEEN:
1. SRI C M LINGARAJU
S/O LATE C V MARULAPPA
AGED ABOUT 77 YEARS,
R/AT NEAR NEHARU CIRCLE
CHIKKANAYAKANAHALLI-572214
TUMAKURU DISTRICT
2. SRI GURUMURTHY
C/O RAMESH
AGED ABOUT 60 YEARS
R/O PRIVATE BUS STAND
Digitally signed
CHIKKANAYAKANAHALLI-572214
by TUMAKURU DISTRICT
DHARMALINGAM
Location: HIGH
COURT OF 3. SRI NAVEENKUMAR
KARNATAKA
S/O LATE RAMACHANDRAIAH
AGED ABOUT 42 YEARS
R/O PRIVATE BUS STAND
CHIKKANAYAKANAHALLI-572214
TUMAKURU DISTRICT
4. SMT H K SRILAKSHMI
W/O C R NAVEENKUMAR
AGED ABOUT 44 EARS,
R/AT OPP GOVERNMENT COLLEGE
-2-
NC: 2023:KHC:25805
WP No. 7618 of 2023
CHIKKANAYAKANAHALLI-572214
TUMAKURU DISTRICT
5. SRI BABU SAHEB
S/O MOHIYUDDIN SAB
AGED ABOUT 58 YEARS,
R/AT 11TH WARD BASAVESHWARA NAGARA
CHIKKANAYAKANAHALLI-572214
TUMAKURU DISTRICT
6. SMT ANITHA
W/O C S RAMU
AGED ABOUT 50 YEARS
R/O MAHALAKSHMI EXTENSION
CHIKKANAYAKANAHALLI-572214
TUMAKURU DISTRICT
7. SRI SHIVANNA
S/O DODDAIAH
AGED ABOUT 53 YEARS
R/O MAHALAKSHMI EXTENSION
CHIKKANAYAKANAHALLI-572214
TUMAKURU DISTRICT
...PETITIONERS
(BY SMT. ASHA.S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF URBAN AND
RURAL DEVELOPMENT,
VIDHANA SOUDHA
BENGALURU-560001.
2. THE DEPUTY COMMISSIONER
TUMAKURU DISTRICT
-3-
NC: 2023:KHC:25805
WP No. 7618 of 2023
TUMAKURU-572101
3. THE TOWN MUNICIPALITY
CHIKKANAYAKANAHALLI
BY ITS CHIEF OFFICER,
CHIKKANAYAKANAHALLI-572214
TUMAKURU DISTRICT
...RESPONDENTS
(BY SRI. SANTHOSH KUMAR M.B., HCGP FOR R1 & R2
SRI. V.G. KUMBAR, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
CIRCULAR IN NO.NAAE 301 GEL 2017 DTD 19.07.2019 OF THE
R-1 IN ANNX-A AND TO QUASH THE NOTICE IN
NO.PU.CHI.CUM.SHA/CR NO.06.2022-23 DTD 02.03.2023 IN
ANNX-E AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned Counsel for the respondent-Town Municipal Council, Chikkanayakanahalli, submits that under similar circumstances when a few other lessees of the shops belonging to the Town Municipal Council had approached this Court in W.P.No.8612/2018 and connected matters, seeking to quash the Circular dated 14.08.2015, issued by the State Government, on the ground that provision was -4- NC: 2023:KHC:25805 WP No. 7618 of 2023 made in the Circular to evict the unauthorized occupants of the shops without following the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974, (for short 'KPP Act'), the co- ordinate Bench disposed of those writ petitions recording the submission of the learned Counsel for the Municipality that recourse shall be had to the provisions contained in the Act, before the unauthorized occupants are evicted.
2. The learned Counsel for the respondent-Town Municipal Council, would further submit that the petitioners have admittedly squatted over the property belonging to the Municipality beyond the period of lease, which would be in clear contravention of Section 72 of the Karnataka Municipalities Act, 1964. Learned Counsel submits that sub-section (2) of Section 72 clearly provides that no premises of the Municipality shall be granted on lease for more than five years without the prior permission of the Government. That being the position, the Municipality, following the Circular issued by the State -5- NC: 2023:KHC:25805 WP No. 7618 of 2023 Government, has put up the shop premises for public auction. It is open for the petitioners to participate in the public auction and if they are successful, they can continue to be lessees under the Municipality. However, their continuation on the premises on the ground that they should be evicted only after following the provisions of the KPP Act, will be in contravention of Section 72 of the Karnataka Municipalities Act.
3. Nevertheless, in view of the directions being given by this Court in the case of Muralidhara and others /vs./ State of Karnataka and others in W.P.No.8612/2018 and connected matters, by order dated 31.05.2023 directing the respondent - Town Municipal Council, Chikkanayakanahalli to follow the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 and that the Municipality shall not forcibly evict the petitioners, similar relief is required to be given to the petitioners also. However, in view of the fact that the continuation of the -6- NC: 2023:KHC:25805 WP No. 7618 of 2023 petitioners in the premises belonging to the respondent - Town Municipal Council beyond a period of 5 years as contemplated under Section 72 of the Act would be in clear violation of the said provisions, and that the petitioners are insisting that they should be evicted only after following due process of law, the respondent - Town Municipality is hereby directed to blacklist the writ petitioners and ensure that the shops and premises belonging to the Town Municipality shall never be allotted or granted in any manner to the petitioners, in the future. Similar direction shall also follow in respect of all the present lessese who have continued beyond the period of lease and insist that they should be evicted only in accordance with law.
The writ petition is accordingly disposed of.
Sd/-
JUDGE KLY