IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 4TH DAY OF MARCH, 20T1"0%%
BEFORE
THE HONBLE MR. JUsTIc.E,~~AJ1T
WRIT PETITION NO.1080:1:.&OF_' 2b06'.(KZ:%'-"
BETWEEN
SRIPSRIDHARACHARYA,
S/O LATE P V LASHI\/£*IN_ARAYANAjN
ACHARYA. AGED ABOUT AA
R/OFSARALABETTU, TV
MANIPALTALUK, T.
UDUPI DIsTR,iCT,'w1'-- ...PE'I'I'I'IONER
{BY s1?Js's satcxgxsn p s;
SR1 G PATIL; LA DEVI ASSOCIATES]
1. DTVISIONAL.c'ONTRoLL13:R.
V * _Ksr2T~C ..GULBARGA--«DIVISION.
' GULBA_R(§A; ~ .. V
ACCOUNTANT
[I3§E}VENUE);__HERGA HOBLI.
UDUPI
L A .__UDUPI DISTRICT. ...RESPOND ENTS
'~§TT[gYLsR1 L GOVINDARAJ; SHIVAKUMAR s BADAWADGI,
ADV., FOR R1; R2 SERVED)
***=k=k**
This Writ petition is filed under Articles 2.26}-"ands
227 of the Constitution of India, praying...to:'*qu'ash_ the -.
defaulters notice issued by R2 Vide-.Annexure~fR'dated.
21.6.2006 and ete., r " is '
This petition coming on-for preiiininaflf' in
'B' group this day, the Courtrnade theVfoi1ovQiing;p
At some point was a lessee
under area which the
extent of 7' X 5' in
KSRTC:':,_A Gulbarga, from the
Karnataka'sAgro Corporation Ltd., Bangalore,
A in ,'v_1_'__he said lease was for the purpose of
£igro.. Stall on payment of monthiy ground
rentat ~ {Rupees One Hundred and Five only)
Wand 'eorrnfnission at 8.5% on the total turn over of
2' '..:iRs,1:O_.OO/-- {Rupees One Thousand only] per month.
fl
Suffice it to say that proceedings were initiated by the
131 respondent as against the petitioner under the
Karnataka Public Premises (Eviction of Unauthorised
Occupants) Act. The authorised officer on
made available passed an order directing _
petitioner. The said order
petitioner before the learned’ D_istrict_?J’:1dgeV t.
appeal in Misc. Appeal No. appeal
was disposed of on thereafter
the petitioner has hande.dfover =_the’fivac1,ant premises in
questi{5nd’–to’ and thereafter the said
propertxyhasp Vbeen’ infavour of a third person and
is Ca_I”‘y}p _ ., ‘rig o”11..tl’ie» “bus-iniéss.
2i»-.”‘i’he..pspecifi”c”‘case made out by the petitioner is
pay a ground rent at the rate of 735/ ~»
R.””‘*..E”coinmission of Rs.1,000/- (Rupees One Thousand only)
(Ri1p_ees_~’ Hundred and Thirty~five only) and
/.
fl
from March, 1996 to December, 1996, which would
come to Rs.i’/I350/– (Rupees Seventeen Thousand
Three Hundred and Fifty only). From January, to
July, 2003 till he vacated he was required
ground rent at Rs.735/– [Rupees Sevenio
Thirty–five only) per month
Rs.58,065/– [Rupees Fifty-~rei.g.ht
five only} and is not liable there
was no supply of Karndataka Agro
Industries CorpVoratio1’1~.ff llifrheantime the
respondents a Iiotiee treating the petitioner
as a defau’lter’andljcaliiyng. upon him to pay the deposit
amojuntx [Rupees Thirty–two Thousand
9 only] within a period of 10 days
I rent etc., The notice would also
indicate’ the said amount shaii be recovered as
V ar,rears’*’of land revenue. The specific case made out by
the “petitioner is that the sum of Rs.32,660/– (Rupees
{ 1:’
Thirty~two Thousand Six Hundred and Sixty only] is
collected in excess by the first respondent.
petitioner is questioning Annexure R
grounds interalia contending that ”
contract between the 131
Inasmuch as the petitioner___.
Karnataka Agro Industries as per
the terms and conditions them and
therefore the impugned-notice’-isyunstistainabie.
impugned: which is produced at
Annex;ure”R_.” the ease of petitioner is true
inavsmueii as “the ____ agreement is between the first
resporadent’«._d”and the Karnataka Agro Industries
Corporation the stall in question was given to the
‘,_ppetitio.n’er by the Agro industries, apparently the said
A is required to be recovered from the Agro
J
Industries. Be that as it may. the fact remains that
Anne:-cure R is a cryptic notice, which is issued for
recovery of amount as arrears as land revenue. lfidifact
before issuing such a notice there
determination and oniy on determination .th_e”Vv.anio’u.nt is
liable to be recovered. Indeed any d.eterrninationa
is detrimental to the interest ofthe jiaiso
required to be heard. It appears that eaerlciselfghas not
been done. Having regard am of the View
that Ar1r1eXure.»R canricz-tf’be~ to Without
deterrriinlation5»vhal\};ingfltalien place as to the outstanding
amount’du’e or from the Corporation.
Hence the following order is passed:
* * ” .0RDER
‘ ” ‘~ . V Petit.io.n”is_ allowed.
The impugned demand notice at Annexure R is
quashed.
It is open for the first respondent
amount payable either by the petiti_Qnere’e’r”””
Industries, as the case may be afteritissfiing a notice
hearing them.
Rule is issued and _made.’Vi’abseii{1’t€.”‘ .