K.C. PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions have been filed under Articles 226 and 227 of the Constitution of India by the petitioners being aggrieved by the Official Memorandum No./09:2017-2018 dated 06.06.2017 (Annexure-J) issued by the second respondent - Deputy Commissioner, Chikkaballapur District, Chikkaballapur and by the Public Auction Notification in No./2017-18 dated 13.06.2017 (Annexure-K) issued by the fourth respondent - City Municipal Council, Chikkaballapur and have sought for the issuance of a writ in the nature of certiorari to quash the impugned notifications.

(2.) The petitioners state that they are petty traders carrying on their trade as tenants in shops constructed near the old Bus Stand of Chikkaballapur City by the erstwhile Town Municipal Council, now known as the City Municipal Council, Chikkaballapur. They state that they were allotted shops measuring approximately 10 ft. X 15 ft. on lease on monthly tenancy by the respondent No.4 about 20 years back. They further state that they were paying rents to the City Municipal Council, which has been admitted by the respondents and evidenced by relevant register entries which have been placed on record.

(3.) The petitioners state that a total of 44 shops had been constructed at different points of time by the City Municipal Council. They further state that it appears that since the structure was in a dilapidated condition, it was decided in a meeting amongst the respondents inter se that a new Bus Stand-cum- Shopping Complex be constructed in place of the old bus stand at Chikkaballapur. It appears that pursuant to the outcome of the said meeting amongst the respondents, the petitioners were summoned for a meeting on 02.04.2013 at 4.00 p.m. at the City Municipal Council, Chikkaballapur with the respondent No.3 chairing it. It was stated that under the Chief Minister's Small and Medium Town Development Scheme (CMSMTDS), a well-equipped shopping complex would be constructed. As an outcome of the meeting, the petitioners, who were the tenants, were called upon to pay arrears of rent before 03.04.2013 and were assured that persons not in arrears of rent would be allotted shops in the newly constructed shopping complex on a lottery basis in accordance with the guidelines as per the prevalent Government Circular. It was further assured that the rent and the deposit would be fixed in accordance with the guidelines in the circular. It is stated that pursuant to such assurance, the petitioners, who were tenants of about 39 shops whose names were incorporated in the list prepared by the respondents, were called upon to vacate their shops by 04.04.2013 by 5.00 p.m. and handover the keys of the same to the respondent No.4.