WAJID Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE petitions are filed under Articles 226 and 227 of the Constitution. In Writ Petitions 9915 to 9977 of 1985, the petitioners have sought for the following reliefs with reference to the shops mentioned in the Schedule to the petitions : "(ii) to restrain the respondents from demolishing the Bunk Shops belongs to the petitioners, as described in the Schedule by issue of writ of mandamus or any other suitable writ or order or direction ; (iii) issue a writ of mandamus restraining the respondents from evicting the petitioners from the schedule shops till alternative accommodations provided to them in the new building in the City Market ; (iv) To declare that the respondents are estopped from evicting the petitioners without following the due course of law, and to protect the right of petitioners under Articles 14, 19(1) and 300 -A of the Constitution (v) and to restrain the respondents from interfering with the peaceful possession and enjoyment of the Schedule Shops and from demolishing the same, and to grant such other reliefs as the Court deems fit in the interest of justice," "SCHEDULE (1) The shops of Petitioners on front side of Victoria Hospital on Mysore Road, Bangalore. Shop Nos. 13, 48, 20, 6, 50, 16, 17, 36, 33, 29, 12, 7, 15, 34, 2, 9, 8, 21, 58, 57, 47, 3, 14. (2) The shops of Petitioners in Victoria Hospital by the side of underground to Fort on K. R. Road, Bangalore City. Shop Nos. 13, 17, 29, 37, 9, 8, 21, 80, 63, 69, 30, 48, 3, 19, 61, 49, 32, 54, 31, 50, 22, 23, 27, 72, 18, 25, 35, 62, 36, 14, 44, 53, 43, 42. (3) The shops of petitioners in S.J P. Road opposite to Chandra Bhavan, Bangalore City. 23, 55, 11, 10, 28, 7."

(2.) SIMILARLY , in Writ Petitions 11973 to 12053/85 the petitioners have sought for the following reliefs with reference to the shops mentioned in the schedule to the petitions : "(ii) to restrain the respondents from demolishing Bunk Shops to belongs to the petitioners, as described in the schedule by issue of writ of mandamus or any other suitable writ or order or direction. (iii) Issue of writ of mandamus, restraining the respondents from evicting the petitioners from the schedule shops till alternative accommodations provided to them in the new building in the City Market. (iv) To declare that the respondents are estopped from the evicting the petitioners without following the due course of law, and to protect the rights of petitioners under Articles 14, 19(1) and 300 -A of the Constitution. (v) and to restrain the respondents from interfering with the peaceful possession and enjoyment of the schedule shops and from demolishing the same, and to grant such other relief as this Court deems fit in the interest of justice. (vi) to quash Section 288(4) as violative of Articles 14, 21 and 19(1)(g) of the Constitution by issue of writ of mandamus or any other suitable writ or order SCHEDULE (1) The shops of petitioners on front side of Victoria Hospital on Mysore Road, Bangalore -2 Shop Nos 86, 90, 61, 30, 41, 37, 76, 71, 54, 72, 78, 77, 83, 32, 4 and 60. (2) Shops of petitioners in K.R. Road : 7, 71, 15, 40, 55, 46, 68, 31, 77, 73, 41, 58, 51, 79, 47, 24, 65, 57, 16, 70, 60, 5, 12, 4, 67, 59, 38, 10, 56, 1, 45 and 11. (3) S.J.P. Road : 7, 38, 30, 51, 29, 15, 16, 26, 25, 31, 74, 5, 23, 1, 4, 22,24, 16, 17, 28, 39, 9, 36, 10, 11, 21, 49, 57, 15, 42, 14, 12, 9."

(3.) THE petitioners are petty traders. They are carrying on business of vending vegetables, fruits and selling ready -made garments, stainless steel articles, old clothes, artificial ornaments, hosiery goods. Some of them are also running Beedi stalls. They claim that they belong to weaker sections of the people. They are carrying on business in Bunk shops, which are situated at three places: (i) on the footpath between Victoria Hospital Old main gate and the Corporation sub -way and also (ii) between Old Fort and sub -way near Dental college corner on K.R. Road ; and (iii) in front of Chandra Bhavan Lodge by the side of the taxi stand on S.J.P. Road, Bangalore.