SHABEER AHMED Vs. TOWN MUNICIPALITY

JUDGEMENT

(1.) THE petitioner claiming to have carried on business of vending mutton in a stall belonging to the 1st respondent Town municipality for several years, aggrieved by the proclamation dated 22-2-2008 Annexure-A for auction sale of the privilege to occupy the Mutton Stall at Item No. 1, amongst others, has presented this petition.

(2.) THE petition is opposed by filing statement of objections dated 31-3-2008 of the respondents inter alia contending that being a statutory authority constituted under the karnataka Municipalities Act, 1964, for short the Act, is empowered by Sec. 244 of the Act to dispose of by public auction or otherwise the privilege of occupying any stall or space for carrying on business and in the instant case, item No. 1 being a mutton stall meant only for the purpose of retail vending of mutton is put up for auction for the period 1-4-2008 to 31-3-2009. It is further stated that the petitioner having participated in the earlier public auction in respect of the same stall, for the period 1-4-2007 to 31-3-2008 offered the highest bid of Rs. 84,100/ -. It is lastly contended that nine stalls are notified for public auction and the claim of the petitioner that all the stalls have been leased on ground rent basis is refuted.

(3.) THE proposition of law as advanced by the learned counsel for the petitioner that the 1st respondent is guilty of hostile discrimination in the matter of issuing the proclamation to hold a public auction of the right to use the mutton stall while the use of all other stalls are not put to similar such public auction, cannot be countenanced.