K KUMAR Vs. NARAYANAN KAMMATH

JUDGEMENT

(1.) Appeal is filed by the petitioner in the W.P.(C) against judgment of the learned Single Judge dismissing the Writ Petition. The allegation of the appellant is that the first respondent in the Writ Appeal who is running a textile shop on M.G. Road side, has encroached upon 864 sq. links of Government land. Government Pleader and counsel for the first respondent after taking instruction submitted that encroachment was 48 sq. metres and the same was surrendered by the first respondent. Appellant's case is that he has sought for an assignment of the land in front of first respondent's shop for conducting a bunk shop. According to the appellant, he was once conducting Bunk shop there and was later evicted by the Corporation. We do not find any justification to interfere with the judgment of the learned Single Judge because in the first place, Bunk shop should not be permitted in front of a textile shop which the first respondent is running. If there is any suitable land of the Corporation, it is for the appellant to apply for licence or request for assignment for conducting Bunk shop. The vacant land surrendered to the Government or to the Corporation can be licensed by them for car parking on collection of charges. We further endorse the view expressed by the Single Judge that nothing should be permitted in front of business houses to obstruct their business. Short of this, it is for the Government or the Corporation to collect charges for parking facilities provided in Government land, whether it be in front of shops or not. Writ Appeal is disposed of as above.