R. GANGARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The prayer made in the present writ petitions is with regard to the renewal of the lease of the shops of the petitioners by the 4th Respondent Nelamangala Municipality.

(2.) The contentions raised before this Court in the present case are that the present petitioners were holding their leases for a period of 5 years and upon expiry of the said period of 5 years, they applied to the 4th Respondent-Nelamangala Municipality for renewal of the leases and though the 4th Respondent passed Resolution for extension of such leases in their favour, the State Government refused to approve the same and notices were served upon the present petitioners to the effect that the renewal of the leases cannot be approved, except by way of holding public auction for ascertaining the market value of the lease rentals and therefore, the petitioners may handover the vacant possession of the shops to the 4th Respondent-Municipality.

(3.) The Division Bench of this Court in a recent decision rendered on 106.2017 in the case at Dharwad Bench in W.A.Nos.3931-45/2017 & Connected matters (Maruthi & others Vs. The Commissioner) (Reported in 2017 (4) Kant LJ 595) dealt with the same controversy and negativing the aforesaid contention raised on behalf of the petitioners held as under:-