Nagaraju And Others v. State Of Karnataka And Others
2020-02-26
M.I.ARUN, RAVI MALIMATH
body2020
DigiLaw.ai
JUDGMENT 1. Aggrieved by the order dated 06.04.2016 passed in Writ Petition Nos.18000-18003 of 2016 connected with Writ Petition Nos.9056-65 of 2016 by the learned Single Judge, in disposing off the writ petitions, the petitioners therein have filed this appeal. 2. There is a delay of 323 days in filing the appeal. However, the learned Counsel has addressed his arguments on merits and we have heard him. 3. The instant writ petitions were filed seeking to quash the notice dated 06.10.2015 issued by respondent No.3 directing the petitioners to vacate their respective shops and hand over vacant possession within seven days. The learned Single Judge by placing reliance on the earlier order passed in Writ Petition No.9056 of 2016, disposed off the Writ Petitions by granting one years time to vacate the premises. Among other consequential directions, the said order is sought to be challenged herein. 4. The appellants Counsel submits that the order passed by the learned Single Judge, is erroneous. That they are entitled to continue in the premises. 5. The same is disputed by the respondents Counsel. 6. On hearing learned Counsels, we do not find any merit in this appeal. A series of writ petitions on the same question of law and facts were considered by this Court. By placing reliance on the earlier Government Order, it was held that all public properties require to be auctioned. The question of granting lease for whatever period or for whatever rent is opposed to the Government order. These are consistent orders being passed that wherever, public properties are involved, it has to be auctioned. Therefore, the same is also applicable to the instant case. 7. Under these circumstances, the order dated 06.04.2016 passed in Writ Petition Nos.18000-18003 of 2016 connected with Writ Petition Nos.9056-65 of 2016 by the learned Single Judge, is set aside. The petitioners shall hand over the vacant possession of the premises to the concerned respondents. 8. At this stage, the appellants Counsel, on instructions, undertakes to vacate the premises before the public auction takes place. The undertaking is taken on record. 9. The petitioners shall vacate the premises when the public auction is announced. It is also made clear that, the petitioners will be permitted to participate in the auction, only if all the rents due are paid to the respondents. The appeal is disposed off accordingly.