Karnataka High Court
Sri R Nanjundaswamy vs The City Muncipal Council on 23 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 22447 OF 2017 (GM-PP)
C/W
WRIT PETITION NOS. 22430 OF 2017 (GM-PP),
22442 OF 2017 (GM-PP), 22444 OF 2017 (GM-PP),
22445 OF 2017 (GM-PP), 22448 OF 2017 (GM-PP),
22450 OF 2017 (GM-PP), 22451 OF 2017 (GM-PP),
22453 OF 2017 (GM-PP), 22455 OF 2017 (GM-PP),
22456 OF 2017 (GM-PP), 22459 OF 2017 (GM-PP),
22460 OF 2017 (GM-PP), 22461 OF 2017 (GM-PP),
22462 OF 2017 (GM-PP), 22463 OF 2017 (GM-PP),
Digitally signed by 22464 OF 2017 (GM-PP), 22465 OF 2017 (GM-PP),
R HEMALATHA
Location: HIGH
22466 OF 2017 (GM-PP), 22467 OF 2017 (GM-PP),
COURT OF
KARNATAKA 22470 OF 2017 (GM-PP), 22471 OF 2017 (GM-PP),
22472 OF 2017 (GM-PP), 22473 OF 2017 (GM-PP),
22475 OF 2017 (GM-PP), 22476 OF 2017 (GM-PP),
22477 OF 2017 (GM-PP), 22478 OF 2017 (GM-PP),
22479 OF 2017 (GM-PP), 22480 OF 2017 (GM-PP),
22481 OF 2017 (GM-PP), 22482 OF 2017 (GM-PP)
-2-
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
IN WRIT PETITION NO. 22447 OF 2017:
BETWEEN:
SRI B Y SRINIVAS
S/O LATE B.S.YEMAIAH,
AGED ABOUT 60 YEARS,
RESIDED AT #10/16B,
DEVANGA STREET,
KOLLEGALA TOWN-571 440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY, ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016 PASSED BY
THE ADDL. DISTRICT AND SESSION JUDGE CHAMARAJANAGAR
SITTING AT KOLLEGALA IN MISC. APPEAL NO.20/2016 AND ETC.
IN WRIT PETITION NO. 22430 OF 2017:
BETWEEN:
SRI A KRISHNA
S/O LATE M ANGAPPA SHETTY,
AGED ABOUT 55 YEARS,
R/AT 8/94, BALEPET,
-3-
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
KOLLEGALA TOWN-571440,
CHAMARAJANAGAR DISTRIC.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY .,ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.19/2016 AND ETC.
IN WRIT PETITION NO. 22442 OF 2017:
BETWEEN:
SRI A KRISHNA
S/O LATE ANGAPPA SHETTY
AGED ABOUT 55 YEARS,
R/AT 8/94, BALEPET,
KOLLEGALA TOWN-571440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY ., ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
-4-
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.12/2016 AND ETC.,
IN WRIT PETITION NO. 22444 OF 2017:
BETWEEN:
SRI IRFAN PASHA
S/O LATE AMEER PASHA
AGED ABOUT 40 YEARS
R/A #7/202, AHMEDPUR STREET
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY .,ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
-5-
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016 PASSED BY
THE ADDL. DISTRICT AND SESSION JUDGE CHAMARAJANAGAR
SITTING AT KOLLEGALA IN MISC. APPEAL NO.18/2016 AND ETC.,
IN WRIT PETITION NO. 22445 OF 2017:
BETWEEN:
SRI V RAJARAM
S/O K.VENKATACHALAPATHY,
AGED ABOUT 39 YEARS,
R/AT BASAVESHWARA NAGAR,
KOLLEGALA TOWN-571440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY .,ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.06/2016 AND ETC.,
-6-
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
IN WRIT PETITION NO. 22448 OF 2017:
BETWEEN:
SRI R VASANTHARAJU
S/O RAMASUBBA SHETTY,
AGED ABOUT 48 YEARS,
R/AT 4/143, KAVERI ROAD,
KOLLEGALA TOWN-571 440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY .,ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.16/2016 AND ETC.,
IN WRIT PETITION NO. 22450 OF 2017:
BETWEEN:
1. SRI NAGARAJ G
S/O GANGADHARAIAH
AGED ABOUT 70 YEARS
R/A #15/A 485
BASAVESHWARA NAGARA
-7-
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
KOLLEGALA TOWN-571 440
CHAMARAJANAGAR DISTRICT.
(SINCE THE DECESED LR'S)
1(A) SRI. G N PRASHANTH
S/O LATE SRI. NAGARAJ G
AGED ABOUT 42 YEARS
RESIDED AT 15/A 485
BASAVESHWARA NAGARA
KOLLEGALA TOWN-571 440
CHAMARAJANAGAR DISTRICT.
(AS PER COURT ORDER DATED 23.07.2024)
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY .,ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440, CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO.QUASHING
IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016 PASSED BY
THE ADDL. DISTRICT AND SESSION JUDGE CHAMARAJANAGAR
SITTING AT KOLLEGALA IN MISC. APPEAL NO.17/2016 AND ETC.,
IN WRIT PETITION NO. 22451 OF 2017:
BETWEEN:
SRI E C RAJENDRAN
S/O E V CHOKKALINGA SHETTY,
AGED ABOUT 52 YEARS,
R/AT MUDALIAR STREET,
-8-
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
KOLLEGALA TOWN-571 440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY .,ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.14/2016 AND ETC.,
IN WRIT PETITION NO. 22453 OF 2017:
BETWEEN:
SRI R NANJUNDASWAMY
S/O LATE ALAHALLI RAMASHETTY,
AGED ABOUT 45 YEARS,
R/AT DODDA PARIVARA BEEDI,
KOLLEGALA TOWN-571 440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY .,ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
-9-
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO.QUASHING
IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016 PASSED BY
THE ADDL. DISTRICT AND SESSION JUDGE CHAMARAJANAGAR
SITTING AT KOLLEGALA IN MISC. APPEAL NO.3/2016 AND ETC.,
IN WRIT PETITION NO. 22455 OF 2017:
BETWEEN:
SRI S SHASHIKANTH
S/O B SHIVAPPA,
AGED ABOUT 45 YEARS,
R/AT MAHADESHWARA COLLEGE ROAD,
NEAR MARADIGUDDA,
KOLLEGALA TOWN-571 440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY .,ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
- 10 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO.QUASHING
IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016 PASSED BY
THE ADDL. DISTRICT AND SESSION JUDGE CHAMARAJANAGAR
SITTING AT KOLLEGALA IN MISC. APPEAL NO.25/2016 AND ETC.,
IN WRIT PETITION NO. 22456 OF 2017:
BETWEEN:
SRI M MAHENDRA
S/O LATE M. MALLANNA,
AGED ABOUT 28 YEARS,
R/AT 7C/240,
MANJUNATHA NAGARA,
NEAR KSRTC DEPOT,
KOLLEGALA TOWN-571 440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY .,ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016 PASSED BY
THE ADDL. DISTRICT AND SESSION JUDGE CHAMARAJANAGAR
SITTING AT KOLLEGALA IN MISC. APPEAL NO.09/2016 AND ETC.,
- 11 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
IN WRIT PETITION NO. 22459 OF 2017:
BETWEEN:
SRI M RAMESH
S/O MURTHY NAIK
AGED ABOUT 45 YEARS
RESIDED AT MUDIGUNDAM
KOLLEGALA TOWN-571 440
CHAMARANAGARA DISTRICT
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY .,ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571 440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.29/2016 AND ETC.,
IN WRIT PETITION NO. 22460 OF 2017:
BETWEEN:
SRI S KUMARESHAN
S/O LATE KADIRIVEL
AGED ABOUT 45 YEARS
R/A KURUBA STREET
- 12 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
NEAR SHANI MAHATMA TEMPLE
BASTIPURA MAIN ROAD
KOLLEGALA TOWN-571 440
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY.,ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO.QUASHING
IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016 PASSED BY
THE ADDL. DISTRICT AND SESSION JUDGE CHAMARAJANAGAR
SITTING AT KOLLEGALA IN MISC. APPEAL NO.27/2016 AND ETC.,
IN WRIT PETITION NO. 22461 OF 2017:
BETWEEN:
A ABDUL KHADHAR
S/O M N ABDUL RIYAZ
AGED ABOUT 34 YEARS
R/AT # 68, NEAR NOOR MOHALLA
KEMPANAPALYA MAIN ROAD
KOLLEGAL TOWN-571 440
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY .,ADVOCATE)
- 13 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO.DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.10/2016 AND ETC.,
IN WRIT PETITION NO. 22462 OF 2017:
BETWEEN:
SRI S RACHAIAH
S/O LATE SADDE SIDDAIAH
AGED ABOUT 55 YEARS
R/A HOSAHANAGALLI
KOLLEGALA TOWN-571 440
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY .,ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
- 14 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TODIRECT BY
QUASHING IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.22/2016 AND ETC.,
IN WRIT PETITION NO. 22463 OF 2017:
BETWEEN:
SRI. N PRASHANTH
S/O G N NAGARAJU,
AGED ABOUT 35 YEARS,
R/AT DEVANGAPET STREET,
KOLLEGALA TOWN-571 440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY .,ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO.QUASHING
IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016 PASSED BY
- 15 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
THE ADDL. DISTRICT AND SESSION JUDGE CHAMARAJANAGAR
SITTING AT KOLLEGALA IN MISC. APPEAL NO.28/2016 AND ETC.,
IN WRIT PETITION NO. 22464 OF 2017:
BETWEEN:
SRI L SRINIVASAIAH
S/O G.K.LAKSHMI NARASIMHAIAH,
AGED ABOUT 55 YEARS,
R/AT #7/282, S.T.STREET,
KOLLEGALA TOWN-571440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY .,ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TODIRECT BY
QUASHING IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.07/2016 AND ETC.,
- 16 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
IN WRIT PETITION NO. 22465 OF 2017:
BETWEEN:
SRI DR M S NAGENDRA
S/O LATE M SUBBAIAH
AGED ABOUT 56 YEARS,
RESIDED AT 9/267, S.T.STREET,
KOLLEGALA TOWN-571 440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY .,ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL 571440,
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL-571440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO.DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEX-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.13/2016 AND ETC.,
IN WRIT PETITION NO. 22466 OF 2017:
BETWEEN:
SRI E C RAJENDRAN
S/O E.V. CHOKKALINGA SHETTY
AGED ABOUT 52 YEARS
- 17 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
RESIDED AT MUDALIAR STREET,
KOLLEGALA TOWN-571 440
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY, ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL-571 440
CHAMARAJANAGAR DISTRICT
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL
KOLLEGAL-571 440
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C.M. JAGADEESH, ADVOCATE FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
IMPUGNED ORDER AT ANNEXURE-A DATED 30.08.2016 PASSED
BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.14/2016 AND ETC.
IN WRIT PETITION NO. 22467 OF 2017:
BETWEEN:
SRI JAWEED AHAMED
S/O GULAM AHAMAD,
DEAD BY HIS LRS
1(A) SMT. QURAT BEGAM
W/O JAHID AHAMED
AGED ABOUT 58 YEARS
RESIDING AT #2ND KURUBARA BEEDI
KOLLEGALA TOWN-571 440
CHAMARAJANAGAR DISTRICT.
- 18 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
(P1(A) CAUSE TITLE AMENDED VIDE COURT ORDER
DATED 23.07.2024)
...PETITIONER
(BY SRI. S. AMRUTH CHOWDHARY, ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL-571 440
CHAMRAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C.M. JAGADEESH, ADVOCATE FOR R1 & 2, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEXURE-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.26/2016 AND ETC.
IN WRIT PETITION NO. 22470 OF 2017:
BETWEEN:
SRI K.M. USMAN
S/O MOHAMMED KOAHOJI
AGED ABOUT 60 YEARS,
RESIDED AT 557/A,
PARVATHI NILAYA
ADARSHA NAGARA
KOLLEGALA TOWN-571 440
CHAMARAJANAGAR.
...PETITIONER
(BY SRI. S. AMRUTH CHOWDHARY, ADVOCATE)
- 19 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL-571440
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
CITY MUNICIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C.M. JAGADEESH, ADVOCATE FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEXURE-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.04/2016 AND ETC.
IN WRIT PETITION NO. 22471 OF 2017:
BETWEEN:
SRI DR. K. JAVEED NAYEEM
S/O LATE K.A. KHADHIR,
AGED ABOUT 60 YEARS,
R/AT # 4533 RADIO PARK,
N.R. MOHALLA,
MYSORE-570 001.
...PETITIONER
(BY SRI. S. AMRUTH CHOWDHARY, ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT
REPRESENTED BY ITS COMMISSIONER.
- 20 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
2. THE ESTATE OFFICER
CITY MUNICIPAL COUNCIL
KOLLEGAL-571 440
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C.M. JAGADEESH, ADVOCATE FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEXURE-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.32/2016 AND ETC.
IN WRIT PETITION NO. 22472 OF 2017:
BETWEEN:
SRI N.V MURALIKRISHNA
S/O N.K. VISHWANATHASHETTY,
AGED ABOUT 45 YEARS,
R/AT 7TH CROSS,
BASAVESHWARANAGAR,
KOLLEGALA TOWN-571 440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S. AMRUTH CHOWDHARY, ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL
KOLLEGAL-571 440
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C.M. JAGADEESH, ADVOCATE FOR R1 & 2)
- 21 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEXURE-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.24/2016 AND ETC.
IN WRIT PETITION NO. 22473 OF 2017:
BETWEEN:
SRI DR. K JAVEED NAYEEM
S/O LATE K.A. KHADHIR,
AGED ABOUT 60 YEARS,
R/AT #4533 RADIO PARK,
N.R. MOHALLA, MYSORE-570 001.
...PETITIONER
(BY SRI. S. AMRUTH CHOWDHARY, ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C.M. JAGADEESH, ADVOCATE FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
IMPUGNED ORDER AT ANNEXURE-A DATED 30.08.2016 PASSED
BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.31/2016 AND ETC.
- 22 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
IN WRIT PETITION NO. 22475 OF 2017:
BETWEEN:
SRI ABDUL WAHID
S/O MOHAMMED ABDUL AZEEZ,
AGED ABOUT 56 YEARS,
R/AT POST OFFICE ROAD,
KOLLEGALA TOWN-571440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY, ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C.M. JAGADEESH, ADVOCATE FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
IMPUGNED ORDER AT ANNEXURE-A DATED 30.08.2016 PASSED
BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.30/2016 AND ETC.
IN WRIT PETITION NO.22476 OF 2017:
BETWEEN:
SRI ISHAQ BAIG
S/O MOHAMMED ALI BAIG,
AGED ABOUT 45 YEARS,
R/AT 7/1278,
ASHRAYA BHADAVANE,
- 23 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
KOLLEGALA TOWN,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY, ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C.M. JAGADEESH, ADVOCATE FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEXURE-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.33/2016 AND ETC.
IN WRIT PETITION NO. 22477 OF 2017:
BETWEEN:
SRI B. CHETHAN
S/O M.N. BALASUBRAMANYAM
AGED ABOUT 32 YEARS
R/AT 8TH CROSS
BASAVESHWARANAGAR
KOLLEGALA TOWN-571 440
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY, ADVOCATE)
- 24 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C.M. JAGADEESH, ADVOCATE FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEXURE-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.26/2016 AND ETC.
IN WRIT PETITION NO. 22478 OF 2017:
BETWEEN:
SRI B S BABU
S/O K SRINIVASAIAH,
AGED ABOUT 47 YEARS,
RESIDED AT DEVANGAPET STREET,
KOLLEGALA TOWN- 571 440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY, ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
- 25 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL - 571 440
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C.M. JAGADEESH, ADVOCATE FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
IMPUGNED ORDER AT ANNEXURE-A DATED 30.08.2016 PASSED
BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.8/2016 AND ETC.
IN WRIT PETITION NO. 22479 OF 2017:
BETWEEN:
SRI B CHETHAN
S/O M N BALASUBRAMANYAM
AGED ABOUT 32 YEARS
R/AT 8TH CROSS
BASAVESHWARANAGAR
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S. AMRUTH CHOWDHARY, ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
CITY MUNICIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C.M. JAGADEESH, ADVOCATE FOR R1 & 2)
- 26 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEXURE-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.15/2016.
IN WRIT PETITION NO. 22480 OF 2017:
BETWEEN:
SRI S SHASHIKANTH
S/O B SHIVAPPA,
AGED ABOUT 45 YEARS
RESIDED AT MAHADESHWARA COLLEGE ROAD,
NEAR MARADIGUDDA,
KOLLEGALA TOWN- 571 440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY, ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL-571440
CHAMARAJNAGAR DISTRICT,
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
CITY MUNICIPAL COUNCIL,
KOLLEGAL - 571 440
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C.M. JAGADEESH, ADVOCATE FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
IMPUGNED ORDER AT ANNEXURE-A DATED 30.08.2016 PASSED
BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.23/2016.
- 27 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
IN WRIT PETITION NO. 22481 OF 2017:
BETWEEN:
SRI DR. M S NAGENDRA
S/O LATE M SUBBAIAH
AGED ABOUT 56 YEARS
R/AT 9/267, S.T STREET
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY, ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE F0R R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEXURE-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.05/2016 AND ETC.
IN WRIT PETITION NO. 22482 OF 2017:
BETWEEN:
SRI M JAGADISH
S/O H N MANIKAM,
AGED ABOUT 48 YEARS,
RESIDED AT 7/216-B,
- 28 -
NC: 2024:KHC:28805
WP No. 22447 of 2017
C/W WP No. 22430 of 2017
WP No. 22442 of 2017
AND 29 OTHERS
SCKM ROAD, KOLLEGALA TOWN-571440,
CHAMARAJANAGAR DISTRICT.
...PETITIONER
(BY SRI. S AMRUTH CHOWDHARY, ADVOCATE)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL-571440
CHAMRAJNAGAR DISTRICT
REPRESENTED BY ITS COMMISSIONER.
2. THE ESTATE OFFICER
THE CITY MUNICIPAL COUNCIL,
KOLLEGAL - 571 440
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. C M JAGADEESH, ADVOCATE FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY
QUASHING IMPUGNED ORDER AT ANNEXURE-A DATED 30.08.2016
PASSED BY THE ADDL. DISTRICT AND SESSION JUDGE
CHAMARAJANAGAR SITTING AT KOLLEGALA IN MISC. APPEAL
NO.21/2016 AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:
CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR) In all these petitions, the petitioners challenge the order dated 30.08.2016 passed by the learned Additional District and Sessions Judge, Chamarajanagar, sitting at Kollegala, which dismissed the appeals filed by the petitioners under Section 9 of
- 29 -
NC: 2024:KHC:28805 WP No. 22447 of 2017 C/W WP No. 22430 of 2017 WP No. 22442 of 2017 AND 29 OTHERS the Karnataka Public Premises (Unauthorised Occupants) Act, 1974 (hereinafter 'Act, 1974'), thereby confirming the order passed by respondent No.2 under Section 5 of the Act, evicting the petitioners from the subject premises following the termination of the lease.
2. In an auction conducted by respondent No.1, the petitioners were allotted shops on a lease basis for a period of twelve years. Upon expiry of the lease period, the petitioners did not hand over vacant possession of the subject premises, prompting respondent No.1 to initiate proceedings under the provisions of the Act, 1974. The competent authority passed an order evicting the petitioners from the premises, which was confirmed by the learned District and Sessions Judge.
3. The learned counsel for the petitioners filed memos in the form of affidavits stating that, other than the subject shops, they have no other shops to carry on their business. The petitioners argue that eviction would result in hardship and deprivation of their business rights. They further undertake to vacate the subject shops if a three-year extension is granted, agree to pay the arrears of rent, and continue paying the rent as it falls due.
4. The memos filed by the petitioners are placed on record.
5. The learned counsel for respondent No.2, on instructions, submits that the petitioners have been occupying the
- 30 -
NC: 2024:KHC:28805 WP No. 22447 of 2017 C/W WP No. 22430 of 2017 WP No. 22442 of 2017 AND 29 OTHERS subject premises unauthorizedly for more than ten years and therefore are not entitled to an extension of time to vacate the shops.
6. The petitioners have been occupying the subject shops since 1990 and rely solely on the business conducted there for their livelihood. Given that the petitioners have undertaken to vacate the subject shops, the writ petitions are disposed of as follows:
The impugned order passed by the learned District Judge is confirmed. However, the petitioners are granted time until 31.01.2026 to vacate the subject shops, subject to the condition that the petitioners to deposit the arrears of rent with respondent No.1 within two months from the date of receipt of the certified copy of this order, without any interest. The petitioners must also undertake to pay the arrears of rent as they fall due. Failing this, respondent No.2 is at liberty to implement the order passed under Section 5 of the Act, 1974, by the competent authority.
In WP Nos. 22461, 22471, and 22473 of 2017:
7. In these petitions, the petitioners challenge the order dated 30.08.2016 passed by the learned Additional District and Sessions Judge, Chamarajanagar, sitting at Kollegala, which
- 31 -
NC: 2024:KHC:28805 WP No. 22447 of 2017 C/W WP No. 22430 of 2017 WP No. 22442 of 2017 AND 29 OTHERS dismissed the appeals filed by the petitioners under Section 9 of the Karnataka Public Premises (Unauthorised Occupants) Act, 1974, thereby confirming the order passed by respondent No.2 under Section 5 of the Act, evicting the petitioners from the subject premises following the termination of the lease. These petitions are filed in exception to the same.
8. Admittedly, the subject shops were allotted on a lease basis for a period of ten years. The learned District Judge has rightly affirmed the order passed by the competent authority directing the petitioners to vacate the premises. Therefore, I do not find any illegality in the impugned order passed by the learned District Judge. Accordingly, WP Nos. 22461, 22471, and 22473 of 2017 are dismissed.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE bkm