Writ petition challenging termination of lease of a godown due to non-payment of rent was dismissed. Court found no error in respondents terminating lease and taking back possession after facts were not in dispute.
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NC: 2023:KHC-D:13506 WP No. 100266 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF NOVEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 100266 OF 2016 (GM-RES)
BETWEEN:
SRI HABEEB AHMED GHODESAWAR, AGED ABOUT 52 YEARS, R/O: 4TH CROSS, HOSUR, HUBBALLI, DIST: DHARWAD.
…PETITIONER
(BY SRI SANTOSH B. MANE & SRI PRAVEEN P. TARIKAR, ADVOCATES)
AND:
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
(BY SMT. SHARMILA M. PATIL, ADV. FOR R1 & R2; SMT. G. MEERABAI, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE NOTIFICATION BEARING NO. � �� � � � � ��� � � �� � � �� � � �� � � ������� DATED 24.08.2015, VIDE ANNEXURE-E ISSUED BY THE 1ST RESOPONDENT ONLY IN SO FAR AS THE SUBJECT GODOWN BEARING NO.10 MEASURING 53.55 SQ. METERS IN HUBBALLI INDUSTRIAL AREA, HUBBALLI DIVISION AT SL.NO.1 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner was allotted a godown bearing No.10
in Hubballi Industrial Area by respondents. However, he did not pay the lease rents as agreed upon. Hence, the respondents have terminated the lease and taken back the possession from the petitioner and have sought to auction the same in favour of the third parties.
For the said reasons, the writ petition is hereby dismissed.
Pending application stands dismissed automatically.
Sd/JUDGE
RSH / Ct-mck
List No.: 1 Sl No.: 15
1 issue framed by the court
Whether the termination of lease and termination of possession by respondents due to non-payment of rent was unlawful and required to be quashed.
Sri Habeeb Ahmed Ghodeswar
The Managing Director, Karnataka State Small Scale Industries, Development Corporation
The General Manager, Karnataka State Small Scale Industries, Development Corporation
Asst. General Manager, Karnataka State Small Scale Industries, Development Corporation
M. I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
