Karnataka High Court
M Ganesh Anchan vs The State Of Karnataka on 18 April, 2022
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.8597 OF 2021(LB-RES)
BETWEEN:
1. M GANESH ANCHAN,
S/O VENKAPPA POOJARY,
AGED ABOUT 58 YEARS,
PROP AMAR SWITCH BOARD CUTTING
BUSINESS-SWITCH BOARD CUTTING STEEL,
USTL STORING FOR RETAIL SALE,
SHOP NO.15 (NEW BUILDING),
CENTRAL VEGETABLE AND FISH MARKET,
MARKET ROAD, MANGALURU-5750 01.
D K DISTRICT.
2. NARESH NAIK
S/O JANARDHAN NAIK,
AGED ABOUT 53 YEARS,
BUSINESS-VISHNU TRADING CO.,
FIRE WORK STORING AND RETAIL SALES,
SHOP NO.28 (OLD BUILDING)
CENTRAL VEGETABLE AND FISH MARKET,
MARKET ROAD, MANGALURU-575 001.
D K DISTRICT.
3. DHANRAJ
S/O SHIVAPPA,
AGED ABOUT 39 YEARS,
PROP SRI DURGAPARAMESHWARY
BUSINESS-ALUMINIUM COPPER, BRASS,
STEEL, USTL STORING FOR RETAIL SALE,
SHOP NO.21,
CENTRAL VEGETABLE MARKET,
MARKET ROAD, MANGALURU-575 001.
D K DISTRICT.
4. B A MOIDEEN
S/O ABDUL KHADER,
AGED ABOUT 56 YEARS,
2
PRO BMK VEG CENTRE
BUSINESS-SALE OF VEGETABLE,
SHOP NO.8 (OLD BUILDING)
CENTRAL VEGETABLE AND FISH MARKET,
MARKET ROAD, MANGALURU-575 001,
D K DISTRICT.
5. B A MOHAMMED BAVA
S/O LATE ABDUL KHADER,
AGED ABOUT 55 YEARS,
BUSINESS-VEG AND FRUITS WHOLESALE,
SHOP NO.7 (NEW BUILDING)
CENTRAL VEGETABLE MARKET,
MARKET ROAD, MANGALURU-575 001,
D K DISTRICT.
6. GURUDATH KAMATH A
S/O LATE SHRIDHAR KAMATH A,
AGED ABOUT 56 YEARS,
BUSINESS-PLASTIC /PVC GOODS,
RETAIL SALE,
SHOP NO.23 (OLD BUILDING)
CENTRAL VEGETABLE MARKET,
MARKET ROAD, MANGALURU-575 001,
D K DISTRICT.
7. PURUSHOTTAM BALIGA
S/O VENKATESH BALIGA,
AGED ABOUT 45 YEARS,
BUSINESS AYURVEDIC MEDICINE
SHOP NO.17 (OLD BUILDING)
CENTRAL VEGETABLE AND FISH MARKET,
MARKET ROAD, MANGALURU -575 001,
D K DISTRICT.
8. SURESH KAMATH
S/O BABURAYA KAMATH,
AGED ABOUT 65 YEARS,
BUSINESS-GROCERY SHOP,
SHOP NO.26 (NEW BUILDING)
CENTRAL VEGETABLE AND FISH MARKET,
MARKET ROAD, MANGALURU-575 001.
D K DISTRICT.
9. HASSAN KEMMINJE
S/O MOHAMMED K H,
AGED ABOUT 61 YEARS,
PROP CLASSIC ELECTRONICS
3
BUSINESS-ELECTRONICS
EQUIPMENT SALE & SERVICE,
SHOP NO.22, (OLD BUILDING)
CENTRAL VEGETABLE MARKET,
MARKET ROAD, MANGALURU-575 001,
D K DISTRICT.
10. SUHAIB BHAI
S/O SULAIMAN,
AGED ABOUT 63 YEARS,
PROP SULAIMANJI THAHERALLY,
BUSINESS-GLASS CUTTING POLISHING, BEBELING,
SHOP NO.18 (OLD BUILDING)
CENTRAL VEGETABLE MARKET,
MARKET ROAD, MANGALURU-575 001,
D K DISTRICT.
...PETITIONERS
(BY SRI. LETHIF B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA, BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER
DAKSHINAKANNADA DISTRICT,
MANGALURU-575 003.
3. THE COMMISSIONER
MANGALURU CITY CORPORATION,
LALBAGH, M G ROAD,
MANGALURU-575 003.
4. THE COMMISSIONER OF POLICE
MANGALORE CITY,
D K DISTRICT-575 001.
5. THE STATION HOUSE OFFICER
MANGALURU NORTH POLICE STATION,
MANGALORE CITY, D K DISTRICT-575 001.
... RESPONDENTS
(BY SRI. NITHYANANDA K R, AGA FOR R1,R2,R4 & R5;
SRI. AJAY J NANDALIKE, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
4
THE NATURE OF CERTIORARI OR ORDER BY QUASHING THE
ORDER DATED 07/04/2021 PASSED BY RESPONDENT NO.3
VIDE ITS NO.MCC/REV.S/CR1/2020-21/A3 WHICH IS
PRODUCED AT ANNEXURE-Z IN THE INTEREST OF JUSTICE
AN EQUITY AND ETC.,
THIS PETITION COMING ON FOR REPORTING
SETTLEMENT THIS DAY THROUGH PHYSICAL HEARING, THE
COURT MADE THE FOLLOWING:-
ORDER
This petition involving multiple litigants who claim to be licensees of the premises belonging to Mangaluru City Corporation was heard for some time with the effective participation of advocates representing the rival parties; An amicable settlement has been arrived at between all the petitioners except Petitioner No.7 Mr. Purushotham Baliga.
2. The Memo of Settlement dated 11.04.2022 reads as under:
"MEMO OF SETTLEMENT The parties to the instant petition most respectfully submit as under:
1. As per the Urban Development Department circular bearing UDD 301 GEL 2017 dated 19/07/2019 ("Circular") the shopkeepers of the existing commercial complex are invested with the "right to first refusal" of the newly constructed shops which are build after demolition and reconstruction of the said commercial complex, and participation in the auction held for allotment of the shops. The petitioners, being entitled to the said right 5 shall exercise the same in the following manner.
2. The Petitioners have sought for direct allotment of shops and exemption from participation in the auction. Any representation made by the Petitioners in this regard shall be forwarded by the 3rd Respondent to the Directorate of Municipal Administration ('DMA') and if such exemption is granted by the DMA, the said benefit shall be extended by the 3rd respondent. In the event the same is not granted, the parties agree that the allotment maybe made in terms of the above-mentioned Circular in the following manner.
3. The Central market has been closed for renovation and it is likely to be reconstructed within the next 3 years. In the event the construction is not completed within three years due to any default on part of the 3rd Respondent, the 3rd Respondent shall attempt to make provision for providing shops that road facing and situated at the ground floor for appropriate floor in parallel to the road level having direct access from the existing Market road or Bhavanti Street, if it is found feasible
4. After the completion of construction of the Central Market, the 3rd Respondent shall call for auctions for the shops in t eh said market.
The Petitioners (and in the event of their demise, their nominated legal heirs) shall intimate to the 3rd Respondent Corporation in writing one week prior to the auction as to whether they intend to participate in the auction for allotment of shops or intend to exercise a right of first refusal.
5. The Petitioners shall also be entitled to identify any particular shop for allotment. In terms of the above Circular, once a final bid 6 value for a particular shop is decided in the auction, the Petitioners shall be entitled to have the shop allotted to them upon payment of additional 5% if the final bid value. If the Petitioners have made any deposit as per the records maintained by the 3rd Respondent, the same will be adjusted against the security deposit that is payable for the new shops allotted to the Petitioners.
6. If any temporary accommodation offered by the 3rd Respondent is found feasible, by the Petitioners, they shall be entitled to the same at such terms as may be applicable for any other such similarly situated shops till the reconstruction of the Central Market. The Petitioners shall be put up in such accommodation on the same terms as other shop keepers and shall not claim any other right or equity in respect of the said accommodation.
7. The Petitioners are also agreeable to withdraw their objections to the demolition of the Central Market and must agree and undertake that they will not institute any other claim in respect of the said shops. On the above terms, the instant Writ Petition may be disposed of.
WHEREFORE, this Hon'ble Court may be pleased to take the instant Memo of Settlement on record, in the interest of justice and equity."
There appear the signatures of the nine petitioners and advocates for the parties, to the Memo of Settlement.
3. A perusal of the arrangement arrived at between the parties is absolutely fair & just. There is no 7 legal or factual impediment for disposal of the case of the signatories to the Memo in terms thereof settlement.
The benefit extended to the signatories to the settlement if extended to the non-signatory namely the 7th petitioner, justice would be meted out to him too as well, there being no reason otherwise to consider the matter in a different way.
In the above circumstances, this writ petition is disposed off in terms of the Memo of Settlement.
No costs.
Sd/-
JUDGE Bsv