Lessees of commercial shops challenged an e-auction notification issued by Hassan Municipality for shops in a newly built complex, seeking delivery of possession under their lease deeds. On respondent's undertaking, the court disposed of the petition directing handover of vacant possession of the respective shops by a fixed date on existing lease terms.
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NC: 2024:KHC:38898 WP No. 25717 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 25717 OF 2024 (LB-RES)
BETWEEN:
W/O LATE PUTTOJI RAO K.P. AGED ABOUT 58 YEARS NO.2816, SRI SADGURU PRASANNA NILAYA, OLD POST OFFICE ROAD, OPP GURU BHAVANA,
HASSAN CITY, HASSAN - 573 201
S/O SANJEEVAIAH AGED ABOUT 72 YEARS 3RD CROSS, VALLABHAI ROAD, HASSAN CITY, HASSAN - 573 201
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
S/O MOHAMMADH KHAN AGED ABOUT 55 YEARS HIG-25, 2ND CROSS, KUVEMPU NAGARA HASSAN CITY, HASSAN - 573 201
1ST FLOOR, 2ND CROSS, 2ND STAGE, OPPOSITE SHIVAJOYTHI KALYANAMANTAPPA, SANGAMESHWARA BADAVANE, HASSAN CITY, HASSAN - 573 201
9. SHIVAKUMAR
S/O LATE H. S. SHIVA KUAMR SRI LAXMI VENKATESHWARA NILAYA, 8TH CROSS, 3RD MAIN, SHANTHINAGAR, HASSAN CITY, HASSAN - 573 201
S/O MOHAMMED HUSSAIN, AGED ABOUT 59 YEARS NO. 1612, ADAVIGOWDA COMPOUND, VALLABHAI ROAD, NEAR BANASHANKARI CHOULTRY, HASSAN CITY, HASSAN - 573 201
SYED ISHMAYIL AGED ABOUT 47 YEARS WARD NO.18, ABAD MOHALLA, HASSAN CITY, HASSAN - 573 201
…PETITIONERS
(BY SRI. VIVEK REDDY, SR. COUNSEL FOR SRI. SUBBA REDDY K N., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. D.L. JAGADISH, SR. COUNSEL FOR SRI. RAKSHITHA D J., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASH THE IMPUGNED PUBLICATION OF E-AUCTION OF COMMERCIAL STORES BEARING NO. PAUAA/HANASA/MESA/CR/01/2024-25 DTD 26.08.2024 ISSUED BY THE R-3 VIDE ANNEXURE-K AND DIRECT THE R-3 TO CONSIDER THE PETITIONER REPRESENTATIONS DTD 26/6/2024 VIDE ANNEXURE-G2 TO G27 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
This writ petition is filed challenging the impugned publication of E-auction of commercial stores dated 26.08.2024 vide Annexure-K issued by respondent No.3, seeking for mandamus directing respondent No.3 to consider the petitioners' representation dated 26.06.2024 vide Annexures-G2 to G7, also sought for mandamus directing respondent No.3 to consider the petitioners' representation dated 21.02.2024 vide Annexure-H1 and
NC: 2024:KHC:38898 WP No. 25717 of 2024
sought for mandamus directing respondent No.3 to consideration representation dated 04.09.2024 and to allot ground floor shops to the petitioners vide Annexure-P.
petitioners are in possession of the petition property under a lease executed by respondent No.3. Further, respondent No.3 has constructed a commercial complex and has issued a paper publication to E-auction of the commercial stores in respect of shop No.34 to 84. The petitioners aggrieved by the E-auction notification, have filed this writ petition.
the lease period, the respondent No.3 is trying to auction the property. He submits that the respondents have not handed over the shops mentioned in the lease deed. He submits that direction be issued to respondent No.3 to hand over the possession of the shops to the petitioners respectively in terms of lease deed. Hence, on these grounds, he prays to allow the writ petition.
respondent No.3 submits that respondent No.3 will hand over the vacant possession of the respective shops to the petitioners by Monday i.e., on 23.09.2024 on the same terms and conditions mentioned in the registered lease deeds.
Senior counsel for respondent No.3, nothing survives for consideration in this writ petition.
Accordingly, the writ petition is disposed of directing respondent No.3 to put the petitioners in
NC: 2024:KHC:38898 WP No. 25717 of 2024
possession of the respective shops on or before
23.09.2024 on the same terms and conditions mentioned
in the lease deeds.
Sd/(ASHOK S.KINAGI) JUDGE
SSB
1 issue framed by the court
Whether the e-auction of commercial stores during subsistence of the petitioners' leases could be quashed and possession of leased shops directed to be handed over.
1 provisions across 1 enactments
JANA BHAI
D.S. NARAYANA
SYED ALEEM SHA KHADRI
MOHAMMED ARIF
V.P. VARADARAJU
H.S. RAMESHA
ASHOK S.KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
