Thimmegowda vs State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Jun 28, 2024

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Citation: sooperkanoon.com/1915047
Court: Karnataka Orders High Court
Judge: R Devdas
Decided On: Jun 28, 2024
Case Number: WP/15336/2024

Parties & Advocates

Appellant / Petitioner

Thimmegowda

Respondent

State of Karnataka

Excerpt

.....the impugned memorandum dated 05/03/2024 bearing no. munici(2) cr/299/23-24 passed by the r3 insofar as the petitioner is concerned, a copy of which is herein produced as annexure-g and etc. this petition, coming on for preliminary hearing, this day, the court made the following:orderr.devdas j., (oral): learned additional government advocate is directed to take notice for respondent nos.1 to 4. sri.a.m.balaji, learned counsel has entered appearance for respondent no.5. -3-2. learned counsel for the petitioner submits thatalthough it is true that this court has passed an order in w.p.no.10566/2024 dated 16.04.2024 directing respondent no.5 herein, to proceed to publish notification for auction of the shop premises belonging to respondent no.5 and proceed in terms of law and the guidelines issued by the state government governing the auction of such shops, nevertheless, learned counsel submits that insofar as the petitioner is concerned, he is a physically handicapped person and therefore, some concession is sought for the petitioner. learned counsel submits that respondent no. 5 should be directed to consider whether the requirement of the present shop owners matching the highest bid or seeking allotment by paying 5% more than the highest bidder should be relaxed insofar as the petitioner is concerned.3. in the considered opinion of this court, unless thereis such a provision in the law or the guidelines issued by the state government making certain concessions in favour of physically handicapped persons, no such direction can be given by this court, nor can respondent no. 5 exercise any such discretion which is not vested in respondent no.5. -4-4. in that view of the matter, the writ petition standsdisposed of directing respondent no.5-chief officer of the town panchayat to proceed in terms of the directions issued by this court in w.p.no.10566/2024, even in respect of the petitioner. sd/- judge rv list no.: 1 sl no.: 18 ct:snn

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 15336 OF 2024 (LB-RES) BETWEEN: THIMMEGOWDA, S/O SONNEGOWDA, AGED ABOUT 64 YEARS, R/A MAJOR SHOP NO.1, IDSMT COMPLEX, ARKALGUDU TOWN, …PETITIONER (BY SRI. ABHISHEK HUDDAR., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY Digitally signed
by JUANITA               DEPARTMENT OF MUNICIPAL ADMINISTRATION,
THEJESWINI               MS BUILDING,
Location: HIGH           BENGALURU 560 001.
COURT OF KARNATAKA
2. THE COMMISSIONER MUNICIPAL ADMINISTRATION, KGID BUILDING, PHODIUM BLOCK, BENGALURU 560 001
3. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN 573 201 -2-
4. THE ASST. COMMISSIONER SAKLESHPURA, HASSAN 573 127.
5. THE CHIEF OFFICER

ARAKALGUDU TOWN PANCHAYAT, ARKALGUDU, …RESPONDENTS (BY SRI. S.R. KHAMROZ KHAN, AGA FOR R1 TO R4; SRI. A.M. BALAJI, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS i) DIRECT, QUASHING THE IMPUGNED MEMORANDUM DATED 05/03/2024 BEARING NO. MUNICI(2) CR/299/23-24 PASSED BY THE R3 INSOFAR AS THE PETITIONER IS CONCERNED, A COPY OF WHICH IS HEREIN PRODUCED AS ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

R.DEVDAS J., (ORAL): Learned Additional Government Advocate is directed to take notice for respondent Nos.1 to 4. Sri.A.M.Balaji, learned counsel has entered appearance for respondent No.5. -3-

2. Learned counsel for the petitioner submits that

although it is true that this Court has passed an order in W.P.No.10566/2024 dated 16.04.2024 directing respondent No.5 herein, to proceed to publish notification for auction of the shop premises belonging to respondent No.5 and proceed in terms of law and the guidelines issued by the State Government governing the auction of such shops, nevertheless, learned counsel submits that insofar as the petitioner is concerned, he is a physically handicapped person and therefore, some concession is sought for the petitioner. Learned counsel submits that respondent No. 5 should be directed to consider whether the requirement of the present shop owners matching the highest bid or seeking allotment by paying 5% more than the highest bidder should be relaxed insofar as the petitioner is concerned.

3. In the considered opinion of this Court, unless there

is such a provision in the law or the guidelines issued by the State Government making certain concessions in favour of physically handicapped persons, no such direction can be given by this Court, nor can respondent No. 5 exercise any such discretion which is not vested in respondent No.5. -4-

4. In that view of the matter, the writ petition stands

disposed of directing respondent No.5-Chief Officer of the Town Panchayat to proceed in terms of the directions issued by this Court in W.P.No.10566/2024, even in respect of the petitioner. Sd/- JUDGE rv List No.: 1 Sl No.: 18 CT:SNN

Same Court & Year Karnataka Orders · 2024 Same Parties Thimmegowda vs State of Karnataka Same Judge R Devdas