- 1 - HC-KAR NC: 2025:KHC-K:3143 WP No. 205702 of 2016 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.205702 OF 2016 (LB-RES) BETWEEN: 1. SHIVASHARANAPPA S/O SHIVLINGAPPA YELAGOND, AGED ABOUT 58 YEARS, OCC: PETTY BUSINESS AND AGRICULTURE, R/O SEDAM. 2. VITTAL RAO S/O AMBAJI RAO, AGED ABOUT 59 YEARS, OCC: PETTY BUSINESS, R/O SEDAM. 3. DEVENDRAPPA S/O SUDARSHAN, AGED ABOUT 57 YEARS, OCC: PETTY BUSINESS, R/O SEDAM. 4. ANAVEERAPPA S/O SHANKRAPPA, AGED ABOUT 48 YEARS, OCC: PETTY BUSINESS, R/O SEDAM. 5. AHMED MOHIUDDIN S/O MOINUDDIN, AGED ABOUT 28 YEARS, OCC: PETTY BUSINESS, K.E.B. COLONY, SEDAM, DIST. KALABURAGI. Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3143 WP No. 205702 of 2016 6. KHALEEL AHMED S/O SHAIKH GHUDU, AGED ABOUT 32 YEARS, R/O K.E.B. COLONY, SEDAM. 7. SURESH S/O CHANDRASHETTY AURADI, AGED ABOUT 48 YEARS, OCC: PETTY BUSINESS, R/O G.K. ROAD, SEDAM-585 222. 8. SIDDANAGOUDA S/O CHIDANANDAPPAGOUDA MALIPATIL, AGED ABOUT 59 YEARS, OCC: PETTY BUSINESS, R/O K.H.B. COLONY, SEDAM-585 222. 9. MOHD. MOHSIN KHAN S/O AHMED ALI KHAN, AGED ABOUT 35 YEARS, OCC: PETTY BUSINESS, K.E.B. COLONY, SEDAM-585 222. …PETITIONERS (BY SRI. ANANTH S. JAHAGIRDAR, ADVOCATE) AND: 1. THE STATE OF KARNTAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, VIDHANA SOUDHA, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER, KALABURAGI-585 102. 3. THE TOWN MUNICIPAL COUNCIL, SEDAM-585 222, REPRESENTED BY ITS CHIEF OFFICER. …RESPONDENTS (BY SRI. SHESHADRI JAISHANKAR, AGA FOR R1 & R2; SRI. AMRESH S. ROJA, ADVOCATE FOR R3) - 3 - HC-KAR NC: 2025:KHC-K:3143 WP No. 205702 of 2016 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT, MORE SO IN THE NATURE OF CERTIORARI AND MANDAMUS AND GRANT THE FOLLOWING RELIEFS: (I) QUASH THE ORDER DATED 24.10.2016 PASSED IN FILE NO.TMC/STM/SHOPS/COMP/2015-16 BY THE RESPONDENT NO.3 IN RESPECT OF THE SHOP BEARING NOS.4, 9, 20, 1, 7, 2, 12, 10 SITUATED AT MAIN ROAD, SEDAM AND SHOP NO.1 EASTERN SIDE SITUATED IN FRONT OF POLICE STATION, ALLOTTED IN FAVOUR OF THE PETITIONERS NO.1 TO 9 HEREIN RESPECTIVELY, BY THE TOWN MUNICIPAL COUNCIL, SEDAM, TRUE COPY OF WHICH ARE AT ANNEXURES-D, D1 TO D7. (II) DIRECT THE RESPONDENT NO.2 HEREIN TO CONSIDER THE REQUEST/OBJECTIONS OF THE PETITIONERS FOR THE PURPOSE OF EXTENSION OF LEASE PERIOD IN FAVOUR OF THE PETITIONERS HEREIN IN RESPECT OF THE SHOP PREMISES WHICH WERE ALLOTTED AND ARE IN OCCUPATION OF THE RESPECTIVE PETITIONERS ON MUTUALLY AGREEABLE RENT FOR A FURTHER PERIOD OF ATLEAST 3 YEARS, TRUE COPY OF WHICH IS AT ANNEXURE-C. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioners were allotted shops by the third respondent – Town Municipal Council on a lease basis for a period of 4 years 11 months with effect from 12.09.2002. - 4 - HC-KAR NC: 2025:KHC-K:3143 WP No. 205702 of 2016 Admittedly, the shops are property of the State. The petitioners’ leasehold rights have been long extinguished. Still the petitioners are holding on to the property concerned illegally without vacating the same. The present writ petition is filed with a prayer to stall them from being vacated from the property over which they have no right. Such writ petition cannot be entertained. 2. For the aforementioned reasons, the writ petition is hereby dismissed. 3. Consequently, I.A.No.1/2025 also stands dismissed. Sd/- (M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 51