BENGALURU: Taking exception to a single-judge’s order directing a civic body to extend the lease period of a shop located in the municipal corporation building beyond the prescribed 12 years, the division bench of Karnataka High Court observed that writ courts cannot transcend the barriers of law in the guise of doing justice and the judges cannot act like Mughals of a bygone era.
“Obviously, they (writ courts) cannot arrogate to themselves the extraordinary power vested in the Apex Court of the country under Article 142 of the Constitution. After all, we are Judges and therefore, cannot act like the Mughals of a bygone era. More is not necessary to specify,” the division bench said.
A division bench of Justices Krishna S Dixit and Ramachandra D Huddar passed the order, while allowing the appeal filed by Channapatna CMC, against the single judge’s order on June 2, 2016, allowing the petition filed by Siddaramu of Channapatna in Ramanagara district.
The division bench, taking note that the widow of the petitioner and her minor children may be put to hardship if she is asked to vacate the shop forthwith, permitted her to continue to occupy the shop till December 31, 2024. She should quit the premises on or before the said date, failing which, the municipality can take the premises back, the court added.
Allowing the plea filed by the petitioner, a specially-abled person, seeking directions to fix the lease period to 20 years instead of proposed 12 years by the municipality, the single judge had directed the municipality to execute the lease deed for 20 years for shop No 9 in favour of the petitioner from 2010. That was when the petitioner had got possession of the shop under the orders of the SC, though a maximum of 12 years prescribed under Section 72(2) of the Karnataka Municipalities Act, 1964. Referring to this, the division bench said the lease being a matter of contract, courts cannot rewrite it, in the absence of statutory enablement.