Karnataka High Court
Abdul Rahimansab S/O Abdul Khadarsab vs The Deputy Commissioner on 14 June, 2022
Author: R.Devdas
Bench: R.Devdas
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WP No. 100827 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS
WRIT PETITION NO. 100827 OF 2022 (LB-RES)
BETWEEN:
1. ABDUL RAHIMANSAB S/O ABDUL KHADARSAB
SAIKALGAR, AGE. 60 YEARS,
OCC. BUSINESS,
R/O. TIMMANGATTI ROAD,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 26,
SITUATED AT TUMMINKATTI ROAD,
RATTIHALLI TOWN PANCHYAT SHOPS
2. ZAHIRUDDIN S/O ISMAILSAB KHAZI,
AGE. 62 YEARS,
OCC. BUSINESS,
R/O. TIMMANGATTI ROAD,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 25,
Digitally signed
by VINAYAKA B
SITUATED AT TUMMINKATTI ROAD,
V
VINAYAKA
BV
Location:
Dharwad
Date:
2022.06.15
RATTIHALLI TOWN PANCHYAT SHOPS
10:00:42 +0530
3. VEERANGOUDA S/O NINGANGOUDA PYATIGOUDAR,
AGE. 65 YEARS,
OCC. BUSINESS,
R/O. AKKIPETH,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 33,
SITUATED AT AKKIPETH ROAD,
RATTIHALLI TOWN PANCHYAT SHOPS
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WP No. 100827 of 2022
4. SIDDAPPA S/O RUDRAPPA KAYAKAD,
AGE. 69 YEARS,
OCC. BUSINESS,
R/O. TIMMANGATTI ROAD,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 19,
SITUATED AT MUSAFEER BUNGALOW SITE,
RATTIHALLI TOWN PANCHYAT SHOPS
5. IRAPPA S/O MARDEPPA PUJAR,
AGE. 42 YEARS,
OCC. BUSINESS,
R/O. GRAM PANCHAYAT OPPOSITE,
RATTIHALLI VILLAGE, TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 17,
SITUATED AT OPPOSITE TO PANCHAYAT,
RATTIHALLI TOWN PANCHYAT SHOPS
6. MAHESH S/O BASAVANEPPA GUBBI,
AGE. 65 YEARS,
OCC. BUSINESS,
R/O. TOTAGANTI,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 36,
SITUATED AT TUMMINKATTI ROAD,
RATTIHALLI TOWN PANCHYAT SHOPS
7. RAMESH S/O MALLAPPA NAIK,
AGE. 30 YEARS,
OCC. BUSINESS,
R/O. DODDAGUBBI,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 29,
SITUATED AT MUSAFEER BUNGALOW SITE,,
RATTIHALLI TOWN PANCHYAT SHOPS
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WP No. 100827 of 2022
8. PARMESHAPPA S/O RUDRAPPA ADMANI,
AGE. 56 YEARS,
OCC. BUSINESS,
R/O. TIMMANGATTI ROAD,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 27,
SITUATED AT TUMMINKATTI ROAD,
RATTIHALLI TOWN PANCHYAT SHOPS
9. SIDDAPPA S/O JAMALAPPA KUNTELLER,
AGE. 49 YEARS,
OCC. BUSINESS,
R/O. TIMMANGATTI ROAD,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 30,
SITUATED AT MUSAFEER BUNGALOW SITE,
RATTIHALLI TOWN PANCHYAT SHOPS
10. MOHAMMAD RAFIQ S/O IBRAHIMSAB BEPARI,
AGE. 47 YEARS,
OCC. BUSINESS,
R/O. TIMMANGATTI ROAD,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 10,
SITUATED AT OPPOSITE TO PANCHAYAT,
RATTIHALLI TOWN PANCHYAT SHOPS
11. JABIULLA S/O ABDULKARIM MAKANDAR,
AGE. 40 YEARS,
OCC. BUSINESS,
R/O. TIMMANGATTI ROAD,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 9,
SITUATED AT OPPOSITE TO PANCHAYAT,
RATTIHALLI TOWN PANCHYAT SHOPS
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WP No. 100827 of 2022
12. HALASIDDAPPA S/O PARMESHAPPA KAIKAD,
AGE. 48 YEARS,
OCC. BUSINESS,
R/O. KOTI ONI,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 28,
SITUATED AT TUMMINKATTI ROAD,
RATTIHALLI TOWN PANCHYAT SHOPS
13. SHIVANANDAPPA S/O HANAMANTHAPPA BASAPUR,
AGE. 60 YEARS,
OCC. BUSINESS,
R/O. SANNAGUBBI ONI,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 31,
SITUATED AT AKKIPETH, S.K.HIGH SCHOOL ROAD,
RATTIHALLI TOWN PANCHYAT SHOPS
14. GULJAR AHMED S/O DADAMIYASAB UTTUNNAND,
AGE. 45 YEARS,
OCC. BUSINESS,
R/O. TIMMANGATTI ROAD,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 24,
SITUATED AT TUMMINKATTI ROAD,
RATTIHALLI TOWN PANCHYAT SHOPS
15. NINGAPPA S/O RUDRAPPA KAYAKAD,
AGE. 58 YEARS,
OCC. BUSINESS,
R/O. KOTI ONI,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 22,
SITUATED AT MUSAFEER BUNGALOW SITE,
RATTIHALLI TOWN PANCHYAT SHOPS
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WP No. 100827 of 2022
16. LINGARAJ S/O CHENNABASAPPA KAYKAD,
AGE. 40 YEARS,
OCC. BUSINESS,
R/O. KOTI ONI,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 21,
SITUATED AT MUSAFEER BUNGALOW SITE,
RATTIHALLI TOWN PANCHYAT SHOPS
17. MARULASIDDAPPA S/O VEERAPPA HOSAMANI,
AGE. 65 YEARS,
OCC. BUSINESS,
R/O. KOTI ONI,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 18,
SITUATED AT MUSAFEER BUNGALOW SITE,
RATTIHALLI TOWN PANCHYAT SHOPS
18. SURESH S/O NAGAPPA SURVE,
AGE. 65 YEARS,
OCC. BUSINESS,
R/O. TARALUBALU BADAVANE,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 23,
SITUATED AT MUSAFEER BUNGALOW SITE,
RATTIHALLI TOWN PANCHYAT SHOPS
19. GIRISH S/O VEERAPPA WALI,
AGE. 45 YEARS,
OCC. BUSINESS,
R/O. NEAR ISHWAR TEMPLE,
TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 20,
SITUATED AT MUSAFEER BUNGALOW SITE,
RATTIHALLI TOWN PANCHYAT SHOPS
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WP No. 100827 of 2022
20. SHAMBULINGAPPA S/O VEERAPPA SHIRAHATTI,
AGE. 56 YEARS, OCC. BUSINESS,
R/O. HALEPETE, TQ. RATTIHALLI
DISTRICT. HAVERI-581116.
LEASE HOLDER OF SHOP NO 11,
SITUATED AT MUSAFEER BUNGALOW SITE,
RATTIHALLI TOWN PANCHYAT SHOPS
...PETITIONERS
(BY SRI. S N RAJENDRA, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI, DISTRICT . HAVERI-581110
2. THE PROJECT DIRECTOR,
DEPARTMENT OF URBAN DEVELOPMENT CELL,
HAVERI, DISTRICT-HAVERI-581110
3. THE CHIEF OFFICER, TOWN PANCHAYAT, RATTIHALLI,
TQ.RATTIHALLI, DIST: HAVERI-581116
4. THE TAHASILDAR, RATTIHALLI,
TQ.RATTIHALLI, DIST: HAVERI-581110
...RESPONDENTS
(BY SRI.PRAVEEN K.UPPAR, HCGP FOR R1, R2 & R4,
SRI.P.G.MOGALI, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER,
DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE
INTIMATION LETTER BG NOS.KRA.SM/PA.PAM.RA/NOTICE/VAHI/2021-22
DATED 10-01-2022 ISSUED BY THE 3RD RESPONDENT PRODUCED AT
ANNEXURES-B TO B19. ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED
17.01.2022, 18.01.2022, 22.02.2022 AND 22.02.2022 TO RENEW THE LEASE
PERIOD OF THE PETITIONERS FOR A PERIOD OF 3 YEARS ON
ENHANCED RENT AND TO PERMIT THEM TO CONTINUE THEIR
BUSINESS IN THE SHOPS BELONGING TO THE 3RD RESPONDENT, AS
PER ANNEXURES-D TO D3.
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WP No. 100827 of 2022
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING 'B'
GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned counsel for the petitioners as well as learned counsel for respondent No.3-Town Panchayat, Rattihalli jointly submit that, as an interim measure the petitioners were permitted to occupy the commercial shops till 28.08.2022. Therefore, the learned counsels submit that since the petitioners have had the benefit of occupying the commercial shops till 28.08.2022, the petition itself may be disposed of by making it clear that after expiry of the said period, the petitioners will not be permitted to occupy the commercial shops.
2. Recording the submission of the learned counsels, this writ petition stands disposed of while making it clear that the petitioners may occupy the respective commercial shops in terms of the interim order dated 28.02.2022 and they shall vacate and handover the -8- WP No. 100827 of 2022 vacant possession of the respective commercial shops to the respondent-Town Panchayat, Rattihalli on or before 28.08.2022.
Ordered accordingly.
SD JUDGE MBS/-