AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioner No.1, Mrs.Rukmini and 14 others have filed these Writ Petitions in this Court challenging the auction for lease rentals of Municipal Shops at Belur Town Municipality, Hassan District.
The earlier Writ Petitions filed by these petitioners, namely, W.P.Nos.49283-49293/2016 (LB-RES) came to be disposed of by this Court on
8.7.2016. Paragraph Nos. 10 and 11 of the said order are quoted below for ready reference:-
"10. It is true that the petitioners being erstwhile lessees are also equally entitled to participate in the auction process as envisaged in the said Circular dated 14.08.2015, but their lease period cannot be extended just like that in the teeth of the said Circular dated 14.08.2015. Admittedly, since the lease period of the present persons for the shops in question has come to an end, the respondent-Municipal Council is bound to proceed further for putting-up the same to be leased out again on auction basis to be given on lease to the bidders who give highest bid for the rentals of the shops in question. The respondent-Municipal Council therefore cannot be mandated to extend the lease period of the petitioners at the same old rate of rents paid by them.
On the basis of the aforesaid, this Court does not find any good ground to interfere with the process of the respondent-Municipal Council in terms of the aforesaid Government Circular dated 14.08.2015 and there is no merit in the present writ petitions and they are liable to be dismissed.
Accordingly, the writ petitions are dismissed. No costs."
By an interim order in the present case passed on 1.9.2017, this Court permitted the respondent No.2 - Belur Town Municipality to open the Bids in such Auction held on 27.4.2017 and produce the result of the same before this Court.
Accordingly Mr.A.Nagarajappa, the learned counsel for the Caveator-respondent Nos.2 and 3 - Belur Town Municipality has filed a Memo in this Court on 10.10.2017 and produced the Auction Sheet of 22 Shops in question and has submitted before the Court that the lease rentals of the said Shops in question given by the bidders is seven more than times of the earlier lease rentals being paid by the present petitioners and therefore, the respondent-Belur Town Municipality should be permitted to evict the present petitioners-lessees and give possession of the said Shops in question to the highest Bidders in the said open Auction held on 27.4.2017.
Having heard the learned counsels, this Court is satisfied that the petitioners cannot be said to have any vested right in continuing the said Municipal Shops after their lease period was over and to maintain the transparency and to yield more public revenue by way of rentals, the open Bid process permitted in law was rightly taken by the respondent-Belur Town Municipality, which prima facie, indicates a quantum jump in the lease rentals by the highest Bidders in the said Public Auction and accordingly, this Court does not find any merit in the present Writ Petitions and the Shops in question deserve to be allotted to the highest Bidders in accordance with law.
These Writ Petitions are accordingly dismissed. No order as to costs.