SIDDARAMU @ RAMU Vs. CITY MUNICIPAL COUNCIL; ADMINISTRATOR

JUDGEMENT

(1.) Siddaramu @ Ramu, aged about 36 years, the petitioner, who is physically disabled and running a small cloth shop on M.G. Road, Channapatna, is before this Court after rounds of litigation even up to the Hon'ble Supreme Court and the minor cause for which has been pushed into this litigation is the rate of monthly rent for the said small shop and the period for which the respondent-City Municipal Council, Channapatna, should execute the lease deed in his favour, whether for 12 years as contended by the Municipal Council or for 20 years as claimed by the petitioner.

(2.) It is indeed unfortunate that a poor litigant has been driven through the channels of litigation on account of totally unsympathetic and impractical view taken by the respondent-Municipal Council throughout the litigation of this case. The petitioner was put in possession of the shop in question at No.9 of M.G.Road in the said Channapatna Taluk, under the orders of the Division Bench of this Court as an alternative when his establishment of carrying some repair works on the footpath was sought to be removed by the Municipal Authorities and he is said to be in possession of the said shop since 2007.

(3.) Against the writ petition filed by the petitioner, which came to be allowed by the learned single Judge of this Court, the City Municipal Council, Channapatna filed W.A.No.886/2008 which came to be allowed in part by the Division Bench of this Court on 06.01.2009, with the following order passed by the Division Bench:-