Sri. Farooq Vs Bruhat Bengaluru Mahanagara Palike

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO a) DIRECTING THE RESPONDENT AUTHORITIES TO PERMIT THE PETITIONER TO CONTINUE TO COLLECT FLOOR TARIFF FEE AT K.R. PURAM MARKET PREMISES UNTIL AND UNLESS FRESH E-TENDERS ARE CALLED UPON BY THE RESPONDENT AUTHORITIES AND ETC.,

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IN WP NO. 30187/2025

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BETWEEN:

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ANJANMURTHY S/O MUNISWAMY, AGED ABOUT 38 YEARS, R/AT NO. 10, 5TH CROSS, 2ND MAIN, OPP TO GURUSAGAR HOTEL, AYYAPPANAGAR, K.R. PURAM, BENGALURU - 560 036.

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...PETITIONER

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(BY SRI. SHIVAGONDAPPA SUBHASHCHANDRA, ADVOCATE)

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AND:

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BRUHAT BENGALURU MAHANAGARA PALIKE CORPORATION OFFICERS, N.R. SQUARE J.C. ROAD, BENGALURU - 560 001 REP. BY ITS COMMISSIONER.

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THE EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE, MAHADEVAPURA DIVISION, K.R. PURAM, BENGALURU - 560 036

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...RESPONDENTS

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(BY SRI. BATHE GOWDA K.V, ADVOCATE FOR R1 AND R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENT TO PERMIT THE PETITIONER TO COLLECT THE TAXES AS PER ANNEXURE-A DATED 04.09.2024 VIDE NO. BBMP/KA/A(YO)/MA/VA/E-HARAJU TENDER/02/2024-

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3 - NC: 2025:KHC:49427 WP No. 5372 of 2024 C/W WP No. 30187 of 2025

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HC-KAR

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25 UNTIL FRESH TENDER IS ISSUED AND ETC.,

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioner in WP No.5372/2024 has sought for a direction to the respondents-Authorities to permit him to continue to collect the floor tariff fee at K.R. Puram Market until fresh e-tenders are invited by the respondents. He has also sought for direction to the respondents to permit him to collect the floor tax at K.R.Puram Market premises as per the e-procurement agreement executed in his favour by the respondent on 19.11.2022.

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The petitioner in WP No.30187/2025 has sought

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for writ in the nature of mandamus to direct the respondent to permit him to collect market fee as per the e-procurement notification bearing No.BBMP/KA/A(YO)MA /VA/E-HARAJU TENDER/02/2024-25 dated 04.09.2024.

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4 - NC: 2025:KHC:49427 WP No. 5372 of 2024 C/W WP No. 30187 of 2025

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HC-KAR

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The petitioner in WP No.5372/2024 was

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permitted to collect the market fee in terms of e- procurement agreement dated 19.11.2022 for a period of one year. After the expiry of his term, he was before this Court seeking extension of the said term and this Court had granted an interim order permitting him to continue to collect the market fee. In the meanwhile, the petitioner in WP No.30187/2025 was granted authorization to collect the market fee in terms of the order dated 04.09.2024. The petitioner in WP No.30187/2025 has now been collecting the market fee even after his term had expired, based on an interim order granted by this Court.

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The petitioners further contend in unison, that the respondents have not taken any steps to issue a fresh notification and finalize the e-tender process and therefore, they should be permitted to continue to collect the market fee.

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Learned counsel for the respondents submitted

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that the term of the petitioners has come to an end and

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5 - NC: 2025:KHC:49427 WP No. 5372 of 2024 C/W WP No. 30187 of 2025

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HC-KAR

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therefore, they have no right, stricto sensu, to compel the respondents to continue them to collect the market fee. He however submits that steps are underway for e- tendering the collection by issuing appropriate notification. It is also contended that though the petitioner in WP No.30187/2025 was permitted to collect market fee in respect of 1 acre 14 guntas, he has been collecting the market fee in respect of 2 acres 20 guntas.

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Considering the submissions made by the learned counsel for the petitioner and the learned counsel for the respondents, it is not in dispute that the authorization granted to both the petitioners to collect the market fee has expired. The petitioner in WP No.30187/2025 has been continuing to collect the market fee based on an interim order granted by this Court. When the term of the contract has come to an end, this Court has no authority to extend the term on any ground. The respondents, who are bound to take out fresh steps to issue fresh authorization, have failed in their duty to do

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6 - NC: 2025:KHC:49427 WP No. 5372 of 2024 C/W WP No. 30187 of 2025

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HC-KAR

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so, thereby compromising the interests of the general public. Therefore, no order can be passed in favour of the petitioners and they cannot be continued to collect the market fee from the traders in the K.R.Puram Market area.

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In view of the above facts and circumstances, this Court considers it appropriate to direct the Joint Commissioner of Bangalore East City Corporation, to henceforth collect the market fee from all the traders in K.R. Puram Market area measuring 5 acres 20 guntas. The Joint Commissioner shall file monthly reports before this Court showing the number of traders and the amount of fee collected from them.

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