- 1 - NC: 2025:KHC:2855 WP No. 35801 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 35801 OF 2024 (LB-BMP) BETWEEN: 1. SRI M S RAJENDRA KUMAR S/O. SRT M.S. MANI, AGED ABOUT 63 YEARS, SHOP NO. 133, UPPER BASEMENT, K.R. MARKET NEW COMPLEX, BENGALURU-560-002. …PETITIONER (BY SRI. RAHAMATHULLA KOTHWAL., ADVOCATE) AND: 1. THE 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), OFFICE OF THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU-560 002. …RESPONDENTS (BY SRI. JAGADEESWARA N R., ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2855 WP No. 35801 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE DEMAND NOTICE DATED 20.12.2024 ISSUED BY THE 4TH RESPONDENT 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 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 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 - NC: 2025:KHC:2855 WP No. 35801 of 2024 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. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 33