- 1 - NC: 2025:KHC:7252 WP No. 34329 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34329 OF 2024 (LB-BMP) BETWEEN: 1. ALL TRADERS FARMERS MERCHANT WELFARE ASSOCIATION (R) HAVING OFFICE AT NO.252, FIRST FLOOR, SKR MARKET, NEW COMPLEX, BENGALURU 560 002, REPRESENTED BY PRESIDENT. …PETITIONER (BY SRI. RAHAMATHULLA KOTHWAL., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU-560 002. 2. THE DEPUTY COMMISSIONER (MARKETS), ANNEXURE-3 OF MAIN BUILDING, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU-560 002. 3. THE ZONAL COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, WEST DIVISION, SAMPIGE ROAD (OPP MANTRI MAILL), BESIDE BASHYAM PARK, MALLESHWARAM, BENGALURU-560 020. 4. THE ASSISTANT REVENUE OFFICER, (WEST MARKET), BBMP WARD NO.139, 1ST FLOOR, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7252 WP No. 34329 of 2024 S.K.R. MARKET, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU-560 002. …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED: 11.03.2024 BEARING NO. SAKAMAA(PA-MA)ECPR/258/2023-24 DATED 11.03.2024 ISSUED BY THER-4 TO PAY THE ARREARS OF DIFFERENCE ENHANCED AMOUNT FROM APRIL 2014 ISSUED BY THE R-4 IN ACCORDANCE WITH LAW VIDE ANNEXURE-B, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The questions raised in this writ petition were the subject matter of consideration in W.P. No.35801 of 20241 and this Court disposed of the said writ petition by order dated 23.01.2025, in the following terms: “1. The prayer in this Writ Petition is to quash the demand notice dated 20.12.2024 by which the petitioner has been called upon to surrender the possession within three days and 1 Sri.M.S.Rajendra Kumar vs. The Commissioner, BBMP and others, WP No.35801/2024 (LB- BMP), disposed on 23.01.2025 Coram: Hon’ble Mr.Jutice N.S.Sanjay Gowda. - 3 - NC: 2025:KHC:7252 WP No. 34329 of 2024 consequently for consideration of the representation submitted by the Association, whereby the merchants of Krishnaraja market sought for waiving off the rental arrears. 2. In the said representation, it is stated that the petitioner was willing to pay the enhanced rent from 01.04.2023 and for a waiver for the earlier period, in view of the COVID which had affected their businesses. 3. In my view, it would be appropriate to direct the BBMP to consider the representation dated 11.12.2023 filed by the Association on behalf of all the Traders of SKR Market and until the said application is considered, the notice calling upon the petitioner to surrender the possession shall not be given effect to. 4. It is, however, made clear that the petitioner shall continue to pay the rent he was paying prior to the enhancement, till the consideration of the representation. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.” - 4 - NC: 2025:KHC:7252 WP No. 34329 of 2024 2. In light of the said order, this petition is also disposed of in the same terms and the petitioner is subjected to the same conditions imposed in the said case, viz., he shall continue to pay the rents as he was paying prior to the enhancement, till the consideration of the representation. Sd/- (N S SANJAY GOWDA) JUDGE RK/- List No.: 1 Sl No.: 45