LAWS(KAR)-2009-2-80

S.L. PRASAD S/O. LATE SHAM PRASAD Vs. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, REPRESENTED BY ITS SECRETARY, THE COMMISSIONER, MUZARAI DEPARTMENT AND THE HEAD QUARTERS ASSISTANT FOR DEPUTY COMMISSIONER, PUBLIC PREMISES (EVICTION OF UNAUTHORIS

Decided On February 25, 2009
S.L. Prasad S/O. Late Sham Prasad Appellant
V/S
The State Of Karnataka, Revenue Department, Represented By Its Secretary, The Commissioner, Muzarai Department And The Head Quarters Assistant For Deputy Commissioner, Public Premises (Eviction Of Unauthoris Respondents

JUDGEMENT

(1.) HEARD Sri. L. Govindaraj, learned Counsel appearing for the appellant and Smt. Niloufer Akbar, learned Government Advocate for respondents.

(2.) THE unsuccessful petitioner in W. P. No. 48721/2004, decided by the learned single Judge on 24.11.2007, has preferred this Writ Appeal under Section 4 of the Karnataka High Court Act, 1961. The appellant/ petitioner had approached the Writ Court by filing a Petition under Articles 226 and 227 of the Constitution of India, praying for quashment of the stipulation as to the payment of non -refundable goodwill sum under the Government order dated 11.4.2001 (Annexure -D).

(3.) WE have been given to understand that the said proceedings arc still pending. According to the appellant, the respondents had no right to ask for goodwill sum as a condition precedent for renewal of lease, Learned Single Judge considering the matter from all angles, thereafter, came to the conclusion that there was no merit in the Writ Petition filed by the appellant/petitioner which came to be dismissed. Hence this Writ Appeal