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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.