PRAKASH CHAND Vs. COMMISSIONER BANGALORE

JUDGEMENT

(1.) THE unsuccessful writ petitioner is the appellant before us aggrieved by the order dated 30. 6. 2008 passed in W. P. No. 15117/2006.

(2.) THE brief facts of the case are as follows: the appellant was a licensee of the space measuring 5' x 6' situated at the corner of Kamath Restaurant, Jumma Masjid Road, Civil Station, bangalore, as per the proceedings of the respondent-Corporation dated 15. 2. 1988, for 11 months. It is his contention that the licence of shop was renewed from year to year, but during the year 1992, the licence was not renewed at the instigation of Kamath Restaurant. Therefore, the respondent started pressurising the appellant to vacate the place. As the appellant refused to vacate the place, the respondent-Corporation initiated proceedings under the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (for short 'the Public premises Act' ).

(3.) MR. Janardhana G. , learned Counsel appearing for the appellant reiterated the contention raised before the Government Authority and the appellate Authority and also placed reliance on the decision reported in ilr 1986 (4) Kar. 3679 (Wajid Vs. State of Karnataka), wherein it was held that the impugned premises will not attract the provisions of the Public premises Act as the same lies on the footpath.