GURURAJ Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Petitioners who are in occupation of the shops belonging to the second respondent, which fall within the definition of Sec. 2(e) of the Karnataka Public Premises (Eviction of unauthorized Occupants) Act, 1974 (for short 'the Act') have filed these writ petitions, to issue a writ in the nature of certiorari and quash the notices at Annexures-A to A30 and direct the respondents not to dispossess the petitioners from the shops which are in their respective occupation, without following due process of law.

(2.) Sri Ashok S. Kinagi, learned counsel, contended that the notices issued by the second respondent vide Annexures-A to A30 are arbitrary and illegal. He submitted that, second respondent without following the procedure prescribed under the Act for eviction of the petitioners, if any, has mechanically issued notices at Annexures-A to A30 and is likely to dispossess petitioners, otherwise than by resorting to due process of law and hence, interference is called for.

(3.) Sri Veeresh B. Patil, learned counsel, who appears for the second respondent, submitted that the period for which the petitioners were permitted to occupy the shops, which are now in their respective occupation, has expired and the petitioners are in unauthorized occupation. He submitted that first respondent passed an order dated 25.01.2012, to take action in accordance with law. Learned counsel submitted that, notices at Annexuers-A to A30 being only a step taken, notifying the petitioners, that their occupation is unauthorized, falling within the meaning of Sec. 2(g) of the Act. He submitted that, if the petitioners do not vacate and deliver possession, further steps in accordance with law, would be taken to recover possession of the shops. Learned counsel submitted that the writ petitions as against the notices at Annexures-A to A30 are not maintainable and the petitioners cannot feel aggrieved by the mere service of the said notices on them. He submitted that the petitioners have now been notified to vacate the shops in their respective occupation and to deliver the possession, failing which they would have to pay penal rent/damages and face the consequences.