S M GOPIKAR Vs. CHIF OFFICER N MANJAPPA

JUDGEMENT

(1.) The petitioners in these petitions are assailing the auction notice dated 20.01.2017 at Annexures-G and H contending that the same is illegal and in violation of the provisions contained in Section 72(2) of Karnataka Municipalities Act, 1964 ('the Act' for short) and Rule 39 of Municipal (Guidance of Officers Grant and Copies and Misc. Provision) Rules, 1966. In that regard, the petitioners are seeking issue of direction to the respondents to consider the claim of the petitioners to continue with their shop premises atleast for a period of 12 years by accepting the rents as per the formula indicated as at Annexure-F dated 14.08.2015.

(2.) The shop premises in question belongs to respondent No.4-Town Municipal Council, Kadur, Chikmagaluru District. The petitioners herein had obtained the said shop premises on licence from respondent No.4. The details of the respective shops in which they are carrying on their business are referred to in the petitions. Presently since the term for which the shop had been given to the petitioners has expired, respondent No.4 has issued the notification dated 20.01.2017 calling for offers to let out the shop premises. The petitioners claiming to be aggrieved have assailed the same.

(3.) During the pendency of these petitions, this Court through the interim order had permitted the petitioners also to participate in the tender process, however, finalization of the same had been restrained. At this point it is stated that insofar as the petitioners in W.P.Nos.5985-6001/2017, petitioners No. 1, 3, 4, 7, 8, 14 and 16 have succeeded in the process. The petitioners in W.P.Nos.5880-5882/2017 have also succeeded in the process. However since some of the petitioners have not succeeded, the consideration of the issues raised in these petitions is necessary.