JUDGEMENT
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(1.)The petitioners, who are in possession of certain shops within the precincts of Sri.Doddabasaveswaraswamy
Temple, Kurugodu, Ballari District, have impugned the
Competent Officer's order under Sec. 5 of the
Karnataka Public Premises (Eviction of Unauthorised
Occupants) Act, 1974 (for short, 'the Act') and the
confirmation thereof in the appeals filed in M.A. Nos.9-
16/2014 on the file of the II Additional District Judge, Ballari (for short, 'the Appellate Court').
(2.)The Competent Officer, the second respondent, by a common order dtd. 6/8/2014 has
found that each of the petitioners is an unauthorised
occupant of the respective premises and therefore, has
directed them to hand over vacant possession such
premises. The Appellate Court, while observing that the
lease of respective premises is admitted by the petitioners
and there is compliance insofar as the procedure with the
relevant provisions of the Act, has affirmed the second
respondent's order concluding that the petitioners cannot
complain of lack of opportunity.
(3.)The relevant facts are that the first respondent, the Administrative Officer of a notified
institution, has permitted the petitioners to occupy certain
open spaces under unregistered deeds granting them
permission to put up construction and use such
constructed premises on terms. The terms stipulated
include a cap on the expenses to be incurred in such
construction and the rent free tenure for which the
petitioners are permitted to occupy. The petitioners
contend that after the initial agreed rent free tenure, each
of the petitioners have paid the agreed rent until the first
respondent, for obvious reason, refused to receive the
rents, and the first respondent asserts that the petitioners
have not paid the rents deliberately. In fact, the State has
placed on record certain details to substantiate the first
respondent's case that some of the petitioners have paid
rent until 2012 and not thereafter.
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