Sri.Satish Kolambkar S/O Vishwanath Kolambkar vs. The State Of Karnataka
Facts
The petitioner, Sri. Satish Kolambkar, filed a writ petition seeking a mandamus directing the City Municipal Council, Karwar (respondent No. 2) to consider his representation dated 27.08.2020. The petitioner had initially challenged an auction notification dated 24.02.2021 concerning shop G2 in the Fish Market Complex, Karwar. The respondents, through a memo, stated that the initial bid conducted on 03.08.2020 was cancelled. A fresh notification was issued on 24.02.2021, and the subsequent bid on 05.03.2021 saw the highest bid for a shop of similar dimensions to G2 at Rs. 20,500/- plus GST. The respondents proposed to execute a registered lease deed in favour of the petitioner for shop G2 if he agreed to pay the rent at Rs. 20,500/- plus GST.
Held
The Court noted that the petitioner had initially sought a writ of mandamus to direct the respondent No. 2 to consider his representation. However, the respondents filed a memo proposing a settlement. The respondents offered to execute a registered lease deed in favour of the petitioner for shop No. G2, provided the petitioner was willing to pay the rent at the rate of Rs. 20,500/- per month plus GST, as per the fresh notification and auction conducted on 05.03.2021. The petitioner, on instructions, agreed to this proposal and undertook to pay the security deposit and the demanded rent. In light of this mutual agreement and settlement, the Court found that nothing further survived for consideration in the writ petition. Accordingly, the writ petition was disposed of in terms of the memo filed by the respondents.
Key Issues
1. Whether the Court should issue a writ of mandamus directing the City Municipal Council, Karwar to consider the petitioner's representation dated 27.08.2020 regarding shop G2 in the Fish Market Complex, Karwar. Petitioner's Contention: The petitioner sought a direction for the respondent to consider his representation. Respondents' Contention: The respondents, in their memo, presented a proposal to resolve the matter by executing a lease deed for shop G2 at a revised rent of Rs. 20,500/- plus GST, which the petitioner subsequently accepted. The respondents also noted that the initial auction notification was cancelled and a fresh one was issued, with the bid conducted on 05.03.2021.
AI-generated summary — verify with the full judgment below
- 1 - IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF AUGUST, 2022 BEFORE THE HON'BLE MR JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 100747 OF 2021 (GM-TEN) BETWEEN: SRI.SATISH KOLAMBKAR S/O VISHWANATH KOLAMBKAR, AGED ABOUT 58 YEARS, R/O PADMANABHA NAGAR, NEAR GURUMATH, POST NANDANGADDA, KARWAR-580301, UTTARA KANNADA DISTRICT. ..…PETITIONER (BY SRI. PRAVEEN PRABHAKAR TARIKAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, REPRESENTED BY ITS SECRETARY, M.S. BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE CITY MUNICIPAL COUNCIL, KARWAR REPRESENTED BY ITS COMMISSIONER, KARWAR-581301. 3. THE COMMISSIONER, CITY MUNICIPAL, KARWAR-581301. ..…RESPONDENTS (BY SRI. V.S. KALASURMATH, HCGP FOR R-1 SRI S.V. YAJI, ADV. FOR C/R-2 & R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN
- 2 - NATURE OF CERTIORARI QUAHSING AUCTION NOTIFICATION DATED 24.02.2021 BEARING NO.NASAKA/KAM.V/IDSMT.HARAJU.VAHI. 2019-20 ISSUED BY THE 2ND RESPONDEN
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