KAMALAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Senior Counsel Sri Jayakumar S.Patil and the learned Senior Counsel Sri Sreevatsa along with the learned Counsel appearing for the petitioners and the learned HCGP and the learned Counsel Sri H.T.Nataraja appearing on behalf of the respondent- Panchayath.

(2.) Learned HCGP has placed on record two Government Notifications, respectively dated 14.08.2015, whereby the Government has formulated certain guidelines pertaining to allotment of shops belonging to the local authorities and the manner in which the allotments are to be made. The said guidelines have been framed pursuant to the law laid down by this Court in the case of MOHAN P.SONU VS STATE OF KARNATAKA, 1992 ILR(Kar) 1219, wherein this Court interpreting the provisions of Section 72(2) of the Karnataka Municipalities Act, 1964, and the provisions of Rule 39 of the Karnataka Municipalities (Guidance of Officers, Grant of Copies and Miscellaneous Provisions) Rules, 1966, had conclusively held that allotment of property belonging to the local authorities has to be only by wide publication, in other words by public auction. The Government by Circular dated 14.08.2015 has categorically held that wherever leases have expired or tenancy has come to an end, such premises ought to be allotted by way of public auction. The State Government by another Order bearing No.UDD 509 GEL 2014, dated 09.10.2015, has been pleased to invest the authority to hold the auction, in the Deputy Commissioners of the respective Districts.

(3.) In the instant case on hand, the auction notification is issued by the local authority. Prima facie, the said auction notification is contrary to the Government Order dated 09.10.2015. That apart, the action of the Panchayath in auctioning 61 shops and attempting to defend the non14 auction of the remaining 51 shops appears to be contrary to the Circular dated 14.08.2015 and the law laid down by this Court in Mohan P.Sonu's case.