MALAPPA SIDRAMAPPA MATALI AND OTHERS Vs. SECRETARY TO GOVERNMENT DEPARTMENT OF URBAN DEVELOPMENT AND OTHERS

JUDGEMENT

(1.) HEARD the learned Counsel on either side and carefully perused the relevant case papers.

(2.) THIS is a writ petition filed by the Petitioners under Articles 226 and 227 of the Constitution of India by way of public interest litigation. The Petitioners herein claim to be permanent residents of Bijapur and are running their business in the respective shops allotted to them in Lal Bahadur Sastry Market in Bijapur. The complaint of the Petitioners is, that an area measuring 5' x 10' and 10' x 10' situated nearby the vehicle parking space and water tank in Lal Bahadur Sastry Market is allotted in favour of the 4th Respondent by the 3rd Respondent in contravention of the provisions of the Karnataka Municipalities Act. It is also their complaint that the vacant space, which is allotted in favour of the 4th Respondent , is a part of the area which has been earmarked and used for parking of vehicles by the shop -owners of the Lal Bahadur Sastry Market and the general public. In view of such allotment, it is stated that there has been a lot of inconvenience to the general public. On these and other averments made in the writ petition the Petitioners have sought for issue of a writ in the nature of certiorari quashing the impugned allotment orders dated 25.2.2005 passed by the 3rd Respondent in favour of the 4th Respondent . They have also sought for issue of a writ of mandamus directing the Respondent Nos. 1 to 3 to preserve the said open space which was allotted in favour of the 4th Respondent for the purpose of parking of vehicles and not to allot the said open space to any persons.

(3.) A rejoinder has also been filed by the Petitioners wherein they have denied that the present writ petition has been filed on account of any business rivalry. They would further contend that the 4th Respondent was allotted shop previously which the 4th Respondent has sold it to some other person and subsequently the present allotment has been made which is in total violation of the provisions contained in the statute.