Karnataka High Court
Sri S Sunil S/O Susairaj vs The Commissioner on 20 February, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
WP No. 3467 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 3467 OF 2015 (LB-BMP)
BETWEEN:
SRI S SUNIL S/O SUSAIRAJ,
AGED ABOUT 34 YEARS,
SHOP NO.329, 1ST FLOOR,
SRI JAYACHAMARAJENDRA WHOLESALE
VEGETABLE MARKET, KALASIPALYA,
BANGLAORE-560002.
...PETITIONER
(BY SRI R P SOMASHEKHARAIAH, ADV.)
AND:
1. THE COMMISSIONER
BHRUHAT BENGALURU MAHANAGARA PALIKE
(MARKET DIVN.), BANGALORE-560002.
2. THE JOINT COMMISSIONER (WEST)
BHRUHAT BENGALURU MAHANAGARA PALIKE
Digitally signed by
MARIGANGAIAH
(MARKET DIVN.),
PREMAKUMARI DASAPPA MATERNITY HOSPITAL,
Location: High
Court of
Karnataka
BANGALORE-560002.
3. THE ASSISTANT REVENUE OFFICER (SOUTH)
BHRUHAT BENGALURU MAHANAGARA PALIKE
(MARKET DIVN.), JAYANAGAR,
BANGALORE-560002.
4. THE ASSISTANT COMMISSIONER (WEST)
BHRUHAT BENGALURU MAHANAGARA PALIKE
(MARKET DIVN.),
DASAPPA MATERNITY HOSPITAL,
BANGALORE-560002.
...RESPONDENTS
(BY SRI N R JAGADEESWARA, ADV. FOR R1-4)
-2-
WP No. 3467 of 2015
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE DIRECTION TO THE RESPONDENTS TO TAKE IMMEDIATE
STEPS TO EVICT THE ILLEGAL OCCUPANTS IN THE WAY
LEADING TO THE PETITIONER'S SHOP NO.329, 1ST FLOOR, A
BLOCK, SRI.JAYACHAMARAJENDRA WHOLESALE VEGETABLE
MARKET, KALASIPALYAM, BANGALORE AND HANDOVER
POSSESSION OF THE SHOP BY IMPLEMENTING THE ORDERS
PASSED BY THIS COURT DATED 06.07.2009 IN W.P.4864/2008
AND IN W.P.5203/2010 AND THE SUBSEQUENT
REPRESENTATION BY THE PETITIONER DATED 22.12.2014
UNDER ANNX-G, H & P RESPECTIVELY AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court under Article 226 of the Constitution of India, praying for the following reliefs:
a) Issue direction to the respondents to take immediate steps to evict the illegal occupants in the way leading to the petitioner's shop No.329, 1st floor, 'A' block, Sri. Jayachamarajendra Wholesale Vegetable Market, Kalasipalyam, Bangalore and handover possession of the shop by implementing the orders passed by this Hon'ble Court dated 6.7.2009 in W.P.4864/2008 and in W.P.5203/2010 and the subsequent representation by the petitioner dated -3- WP No. 3467 of 2015 22.12.2014 under Annexure-G, H and P respectively.
b) Direct the respondents to pay compensation of Rs.1 Crore towards the loss of business caused to the petitioner, in view of the inaction on the part of the respondents in not taking steps to evict the illegal occupants from the way leading to the petitioner's shop.
2. Heard learned counsel Sri.R.P.Somashekaraiah for petitioner and Sri.N.R.Jagadeeswara for respondents. Perused the writ petition papers.
3. Learned counsel for the petitioner would submit that the petitioner participated in the tender process for allotment of shops at Jayachamarajendra Wholesale Vegetable Market, Kalasipalyam, Bengaluru in pursuance of Tender Notification dated 12.03.2003 of the respondent-BBMP. Learned counsel would submit that the petitioner was allotted shop bearing No.329, 'A' Block, I Floor of Jayachamarajendra Wholesale Vegetable Market, Kalasipalyam. It is the grievance of the petitioner that -4- WP No. 3467 of 2015 possession of the shop allotted to him was not handed over to the petitioner by clearing the open space in front of the shop. Learned counsel would submit that, without handing over the possession, respondents demanded arrears of rent which the petitioner had paid in terms of Annexure-K. Learned counsel Sri.Somashekaraiah also submits that the petitioner was before this Court earlier in two writ petitions i.e. W.P.No.4864/2008 as well as W.P.No.5203/2010 praying for a direction to consider his representations dated 28.07.2007, 11.12.2007 and 10.01.2008 and challenging the information letter dated 21.12.2009. Those writ petitions were disposed of with a direction to the respondents to consider the representation, with liberty to challenge the endorsement dated 15.12.2010. The present writ petition is for a direction to the respondent-BBMP to hand over possession of the shop allotted to the petitioner.
4. Per contra, Sri.N.R.Jagadeeswara, learned counsel for respondents referring to the affidavit filed by respondent- -5- WP No. 3467 of 2015 BBMP submits that the Tender Notification dated 12.03.2003 calling applications for allotment of shops was for a period of one year only. It is submitted that in pursuance of the possession certificate dated 19.07.2007, the petitioner was put in possession and subsequently, after expiry of lease period, the possession of shop in question is taken by the respondent-BBMP on 11.08.2011. it is also submitted that the petitioner-licensee has no right to seek for continuation of license period and the learned counsel would deny the allegation that the petitioner is not put in possession of the shop in question.
5. The respondent-BBMP under Tender Notification dated 12.03.2003 (Annexure-R1) invited applications for allotment of shops in Jayachamarajendra Wholesale Vegetable Market, Kalasipalyam, Bangalore with certain terms and conditions. Condition No.27 reads as follows:
"27. ªÀĽUÉ ¥ÀgÀªÁ£ÀVAiÀÄ CªÀ¢üAiÀÄ MAzÀÄ ªÀµÀðPÉÌ ¹Ã«ÄvÀªÁVzÀÄÝ MAzÀÄ ªÀµÀðzÀ £ÀAvÀgÀ £À«ÃPÀgÀt µÀgÀwÛUÉ M¼À¥ÀnÖgÀÄvÀÛzÉ."-6- WP No. 3467 of 2015
Condition No.1 of the terms and conditions for grant of shops reads as follows:
"1. The person whose tender is accepted shall be a licensee in respect of the premises for a period of 11 months commencing from the date the premises is made available for use on the license fee quoted and accepted."
6. A reading of the above clause of the Tender Notification as well as terms and conditions of license would make it clear that initially the allotment of shop was for a period of 11 months which could be extended on renewal. In the instant case, the Possession Certificate establishes handing over possession of the shop premises to the petitioner on 19.07.2007. No material in placed on record to establish renewal of license in favour of the petitioner. On the other hand, under final endorsement dated 07.07.2014 at Annexure-J, the respondent-BBMP demanded arrears of rent from the petitioner for the period from November 2007 to July 2011, which the petitioner is said to have paid in terms of Annexure-K. -7- WP No. 3467 of 2015
7. Along with the affidavit dated 20.02.2023, learned counsel for the respondent Nos.1 to 4 has also placed on record Annexure-R1/mahazar for having taken possession of the premises in question.
8. In the affidavit dated 20.02.2023 at paragraph 2 it is stated that shop has not been allotted to any person and the same is in possession of the respondent-BBMP. If the shop is vacant as on this date as stated above in the affidavit, the first respondent is directed to consider petitioner's request at Annexure-P dated 22.12.2014 for allotment of shop in question which is vacant and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
With the above, the writ petition stands disposed of.
SD/-
JUDGE MPK CT:bms List No.: 1 Sl No.: 4