K NANJUNDIAH SETTY Vs. CORPORATION OF THE CITY OF BANGALORE
LAWS(KAR)-1966-10-2
HIGH COURT OF KARNATAKA
Decided on October 07,1966

K.NANJUNDIAH SETTY Appellant
VERSUS
CORPORATION OF THE CITY OF BANGALORE Respondents


Cited Judgements :-

CONTROLLER OF AERODROME NAGPUR AIRPORT NAGPUR VS. HOMI D JAHANGIR [LAWS(BOM)-1987-1-66] [REFERRED TO]


JUDGEMENT

- (1.)These petitions filed under Section 115 of the Code of Civil Procedure are directed against the common order passed by the District Judge, Bangalore under Section 413 of the City of Bangalore Municipal Corporation Act,1949 (hereinafter called the Act). When they came up for admission before Govinda Bhat J., his Lordship felt that the question of their maintainability should first be decided and accordingly ordered a notice to be issued to the respondent. The question of maintainability depends upon whether the impugned order was passed by the District Court or by the District Judge as persona designata.
(2.)The petitioners who are occupants of different shops belonging to the respondent Corporation were served with notices demanding monthly fee of Rs. 80 from two petitioners occupying corner shops with Rs. 75 per month from the rest. These demands were made with effect from 1-6-1962. They filed various petitions (Miscellaneous Cases Nos.148to169of1963 and164of1964) under Section 412 of the Act contending that the enhanced claim from Rs.45 to Rs.80 and from Rs.40 to Rs.75 respectively was exorbitant. The District Judge came to the conclusion that the rate of Rs.40 and Rs.45 had been fixed in 1953 and that the revised fees fixed after 1962 were reasonable. He accordingly dismissed the petitions with costs.
(3.)In these revision petitions the petitioners attack the correctness of the order on various grounds. The sole question at this stage for determination, is whether the District Judge, Bangalore, passed the orders as a Civil Court or as persona designata.


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