Karnataka High Court
Sri B Sampath Nayak vs The Deputy Commissioner on 13 October, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2023:KHC:37624
WP No. 19434 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 19434 OF 2022 (LB-RES)
BETWEEN:
1. SRI B. SAMPATH NAYAK,
S/O L. B. SURESH NAYAK,
AGED ABOUT 33 YEARS,
R/AT HOUSE NO 30/28,
3RD CROSS, WARD NO.2,
KUDUREMUKHA COLONY,
BANGLEGUDDE, KARKALA 574104.
...PETITIONER
(BY SRI. PRASANNA V. R., ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
UDUPI DISTRICT
Digitally signed UDUPI 576101.
by
NARAYANAPPA 2. THE DEPUTY COMMISSIONER
LAKSHMAMMA
Location: HIGH
D K DISTRICT,
COURT OF MANGALURU 575001.
KARNATAKA
3. THE DEPUTY COMMISSIONER
KODAGU DISTRICT,
MADIKERE 571201.
4. THE COMMISSIONER
CITY CORPORATION,
MANGALURU 575001.
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NC: 2023:KHC:37624
WP No. 19434 of 2022
5. THE COMMISSIONER
TOWN MUNICIPALITY,
UDUPI 576101.
6. THE COMMISSIONER
TOWN MUNICIPALITY,
PUTUR 574240.
7. THE COMMISSIONER
TOWN MUNICIPALITY,
MADIKERI 571201.
8. THE TAHSILDAR
KARKALA TALUK,
KARKALA 574 104.
9. THE CHIEF OFFICER
TOWN MUNICIPAL COUNCIL,
KARKALA 574104.
10. THE CHIEF OFFICER
TOWN MUNICIPAL COUNCIL,
KUNDAPURA 576201.
11. THE CHIEF OFFICER
TOWN MUNICIPAL COUNCIL,
MOODABIDRI 574227.
...RESPONDENTS
(BY SRI NAVEEN CHANDRASHEKHAR, AAG FOR R1-R3 & R8;
SRI T. HAREESH BHANDARY, ADVOCATE FOR R4;
SRI T.I. ABDULLA, ADVOCATE FOR R5;
SRI A. KESHAV BHAT, ADVOCATE FOR R6;
SMT. K.S. ANASUYA DEVI, ADVOCATE FOR R7;
SRI CHANDRANATH ARIGA, ADVOCATE FOR R9 & R11;
SRI AJIT ANAND SHETTY, ADVOCATE FOR R10)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-
DIRECT THE R-1 TO 9 TO CONDUCT PUBLIC AUCTION SO AS
TO ALLOT SPACE FOR OPENING FIRE CRACKERS SHOPS AT
GANDHI MAIDAN KARKALA FOR THE ENSUING DEEPAVALI
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NC: 2023:KHC:37624
WP No. 19434 of 2022
FESTIVAL AND TULASI POOJA OF THE YEAR 2022 AND IN
OTHER AREAS WITHIN THE TERRITORIAL JURISDICTION OF
THE RESPONDENTS INSTEAD OF CONDUCTING LOTTERY
METHOD BY CONSIDERING THE REPRESENTATION OF THE
PETITIONER DATED 06.09.2022, VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
i) Issue a Writ of Mandamus, directing the R-1 to 9 to conduct public auction so as to allot space for opening fire crackers shops at Gandhi Maidan Karkala for the ensuing Deepavali Festival and Tulasi pooja of the year 2022 and in other areas within the territorial jurisdiction of the respondents instead of conducting lottery method by considering the representation of the petitioner dated 06.09.2022, vide Annexure-A.
ii) Issue any other writ or order to meets in the ends of justice.
2. The grievance of the petitioner is that, on earlier occasions for setting up of fire cracker shops, auctions were conducted by the respective respondents - City Corporations / Town Municipalities. However, due to onset of COVID - 19, the conduct of auctions were stopped and during -4- NC: 2023:KHC:37624 WP No. 19434 of 2022 that period, the license to sell the fire crackers was issued by way of lottery system.
3. The submission of the learned counsel for the petitioner is that, now that COVID - 19 has come and gone, auction should have to be conducted, which may fetch higher revenues to the Corporations / Town Municipalities and also to enable the petitioner to outbid any other bidder and not have to gamble by lottery.
4. The learned counsel for respondent No.9 has filed an affidavit of the Chief Officer, Town Municipal Council, Karkala stating that an auction is already undertaken in respect of Karkala.
5. The learned AGA upon instructions has filed a memo with letters of the Deputy Commissioners of Dakshina Kannada District and Udupi District and the Chief Officer of City Municipal Council, Madikeri, Kodagu District. In terms thereof, it is submitted -5- NC: 2023:KHC:37624 WP No. 19434 of 2022 that in Puttur and Moodabidre Taluks of Dakshina Kannada, no fire-cracker shop is set up in a public land and as such, no allotment by way of lottery or public auction is required to be made. In the event of any person intending to set up a fire-cracker stall, he/she can approach the jurisdictional authority in Puttur and Moodabidre Talukas and the said application would be considered after ascertaining the suitability of the private land and thereafter, 'No Objection Certificate' would be issued by collecting NOC charges.
6. Insofar as Kundapura Taluka in Udupi and Madikeri City coming under Madikeri Town Council is concerned, it is submitted that auction would be held within 15 days from today.
7. Sri.Chandranath Ariga, learned counsel for respondent No.11 - Town Municipal Council, Moodabidri in support of the submission made -6- NC: 2023:KHC:37624 WP No. 19434 of 2022 learned AGA has filed an affidavit of the Chief Officer indicating that auction would be held. On enquiry as to time frame, he submits that the same would be held within a period of 15 days from today.
8. Sri.Hareesh Bhandary, learned counsel who appears for respondent No.4-Commissioner, City Corporation, Mangaluru, on instructions, submits that e-auction would be held for setting up of fire-cracker stall within a period of 15 days from today.
9. The said submissions of the counsel for the respondents answer the grievance of the petitioner which has been raised in the present petition.
10. Placing the said submissions on record, the Writ Petition is disposed.
Sd/-
JUDGE NVJ/PRS List No.: 1 Sl No.: 63