ir THE HIGH COURT OF KARNATAKA AT BNGALORE AT THIS THE 4TH DY O 3UE 1998k BEFORE THE HON RLE MR.JUSTICE HtTR?SHEKHARAIAH WRIT PETITION NC 28982-28984 OF 199S )1 2 W.PNO. 28982 OF 1995, BETWEEN: 1 Sri M.D,Fakruddiri, S/o Sheik Mehamood, aged about 75 years 1 residirg at No.17 2nd Cross, Dr.I,C,M. Royan Road, Bangalore—560 053, W.P.No. 28983 OF 1995. 2. Sri Nooruddir. S/ Mohme-1 Fakruddin aged about 38 years 1 residing at No.17, 3rd Cross, Dr,T,C,, Royan Road, Bangalore—560 053, v1,P.NO, 28984 OF 199, 3, Smt,Fathima Noorjan W/o Late Mohammed IqbI aged about 35 years, r/e No.6, Dr.T.C.M.Royan Road, Bangalore. . , Petition—rs (By Sri N,S,Krishnan, Adv, for Petitioners) /2/ AFD The Corporation of City of Bangalore, represented by its Corrcissioner, .R,Squares, Bangalore—560 OO2 * Respondent (By Sri Ashok Harariahalli Muralidhar for the Respondent) * * * Writ petition5 filed under Article 226 of the Constitution of India with an affidavit praying to direct the respondent not to interfere with the tenancy rights of the petitioners and not to demolish the bifurcatory walls of their shops bearing Nos, 2, 16—s and 151 situated in the base ment floor Block, Yamia Mosaue, NR,Road, Bangalore2 etc., ETITION 29352 TO 29355 OF 199 5. ETWE t ’: M/s.A1—sidaque Four lation, No.1, Jarnia Complex, 1/i N.2.Road, Bangalore—2, represented by its Trustee Dr. (Mrs,Rokhiya M.3afari / 3/ W/o Siddique Mohammed Jafari major R/o Bangalore Petitioner (By Sri S.Z.A. Kureshi, Adv. for Petitioner) AD The Commissioner, Corporation of the City of Bangalore, N.RSquare, Bangalore Respondents (By Sri Ashok Haranahalli B.V.Muralidhar, Advocates for Respondents) * * * Writ petitioriifiled under Article 226 of the Constitution of India with an affidavit praying to direct the respondent not to demolish or damage in any manner the shops No.1, 2, 3 and 4 situated at Ground floor and its baserrent floor area of No1 Jarnia Complex, No, 1/1 • N,R, Road, Bangaiore-.2 1995 BETWEEN: /4/ 1. D.P.Ashwathanaravana Rao, aged about 42 years, S/o Late D,R,Puttannaiah, Shilpa Ice Cream Parlour No.134, 11th Cross, M.iieswaram, Bangaiore—560 003, 2. s:R..:N.t•ayana, aged. about 32 years, S/o S,Ramanaiah, IConark Motors, No.134, 11th Cross, Mal leswararn, Bangalore—560 003, 3. B.N,Mohan, aged about 35 years, S/o Late K.Narasimhaiah, No.134, 11th Cross, Malleswaram, Bangalore—560 003. Petitioners (By Sri N,Dinesh Rac for the Petitioners) A N!3 1, Bargalore Mahanagara Palike, a body constituted under the provisions of Karnataka Municiasi Corporation Act having its office at Hudson Circle, J.C.Road, Bangalore—560 002. / 5/ 2, The Assistant xecutive Encineer Mal1eswram Sub—Division, Banglore Mahanagara Palike, Bashyarn Park, Malleswaram, Barigalore—560 003, Respondents (By Sri Ashok Haranahally B,V,Muralidhar Advocates for the Respondents) * * * rit oetitions are filed under Articles 226 and 227 of the Constitution of India with an affidavit craving to prohibit the respondents from interfering with -he peaceful possession and quiet enjoyment of the business of the petitioners described in the schedule, and from demolishirg re same and eta,, These Writ Petitions are corning on for ‘pdes this day, the Court made the foliowng :0 R D E CSJ: 4—6—1998, WPs:_28982—984/95; 2935255/9S; 29474—480/95. /6/ the petitioners have filed these petitions apDrehending dewolition of their baildins. Under the Seheaw of the Act, ti-a Corporation has no riht to demolish the bailiings without passing an order as under the provisions of the Act. If that is the ease, there is no reason for the petitioners to apprehend any threat of demolition. With the abov- obs-rvetion, these writ petitiors are disposed of. Sd/a JUDGE. Me/a r. bykr C.bYb .‘I • e