- 1 - HC-KAR NC: 2025:KHC-K:3243 WP No. 201437 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201437 OF 2025 (GM-TEN) BETWEEN: 1. SRI. ASHOK S/O VENKATESH DHANWADKAR, AGED ABOUT 62 YEARS, OCC: BUSINESS, R/O. MANJUNATH NAGAR, DARGA ROAD, VIJAYAPURA-586101. 2. SRI. MAHESH S/O MARUTI PANALKAR, AGED ABOUT 47 YEARS, OCC: BUSINESS, R/O GYANG BAWDI, BHAVASAR NAGAR, VIJAYAPURA-586101. 3. SRI. ABUBAKAR SADIQ BAGAYAT S/O ZAKIR HUSAIN BAGAYAT, AGED ABOUT 38 YEARS, OCC: BUSINESS, R/O. WARD NO.24, BAGAYAT GALLI, JM ROAD, VIJAYAPURA-586101. 4. SRI. MAHAMMED ZAKIR BAGAYAT, S/O MUNAFSAB BAGAYAT, AGED ABOUT 38 YEARS, OCC: BUSINESS, R/O. WARD NO.24, BAGAYAT GALLI, JM ROAD, VIJAYAPURA-586101. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3243 WP No. 201437 of 2025 5. SRI. MOHAMMAD RAFEEQ GUDNAL S/O IMAMHUSSAIN GUDNAL, AGED ABOUT 67 YEARS, OCC: BUSINESS, R/O # CB 761, ATALLAH CHOWK, J.M. ROAD, VIJAYAPURA-586101. 6. SMT. SAINEESJAHAN W/O KHAJAHUSAIN BANGI, AGED ABOUT 55 YEARS, OCC: BUSINESS/HH WORK, R/O LIG-157, ADARSH NAGAR, VIJAYAPURA-586103. 7. SRI. AYUB BAGAYAT, S/O MUNAFSAB BAGAYAT, AGED ABOUT 59 YEARS, OCC: BUSINESS, R/O. WARD NO.24, BAGAYAT GALLI, JM ROAD, VIJAYAPURA-586101. 8. SRI. SAYED QAMRUDDIN AIRANI, S/O SAYED TAJUDDIN AIRANI, AGED ABOUT 75 YEARS, OCC: BUSINESS, R/O. WARD NO.8, 6TH CROSS, NAVABAG MAIN ROAD, NEAR SECAB COLLAGE, VIJAYAPURA-586101. 9. SRI. RAMESH BIRADAR, S/O BASANAGOUDA BIRADAR, AGED ABOUT 60 YEARS, OCC: BUSINESS, R/O. HOUSE NO.228, KANAKADAS BADAVANE, MANAGULI ROAD, VIJAYAPURA-586101. 10. SRI. SHANTILAL PATIDAR, S/O. NARAYAN PATIDAR, AGED ABOUT 55 YEARS, OCC: BUSINESS, R/O. OPP: ALANKAR TALKIES, VIJAYAPURA-586101. - 3 - HC-KAR NC: 2025:KHC-K:3243 WP No. 201437 of 2025 11. SRI. KANTILAL PATIDAR, S/O KHETASI PATIDAR, AGED ABOUT 67 YEARS, OCC: BUSINESS, R/O OPP: ALANKAR TALKIES, VIJAYAPURA-586101. 12. SRI. RAVINDRA BARADOL, AGE: MAJOR OCC: BUSINESS, R/O SHOP NO.29, DR. B. R. AMBEDKAR STADIUM, VIJAYAPURA-586101. 13. SRI. YAKUBKOPAR, S/O. MOHAMMAD GOUS KOPAR, AGED ABOUT 51 YEARS, OCC: BUSINESS, R/O. BADIKAMAN ROAD, NEAR REPUBLIC SCHOOL, VIJAYAPURA-586101. 14. SRI. PRABHUGOUD BIRADAR, S/O. SHARANAPPAGOUD BIRADAR, AGED ABOUT 68 YEARS, OCC: BUSINESS, R/O. # 2104, GULAM GALLI, BEHIND ANJUMAN COLLAGE, VIJAYAPURA-586101. …PETITIONERS (BY SRI. SHARANABASAVESHWAR MAMADAPUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF YOUTH AND SPORTS, M. S. BUILDING, BENGALORE-01. 2. THE COMMISSIONER, DEPARTMENT OF YOUTH EMPOWERMENT AND SPORTS, STATE YOUTH CENTRE, NRUPATHUNGA ROAD, BANGALORE-01. - 4 - HC-KAR NC: 2025:KHC-K:3243 WP No. 201437 of 2025 3. THE DEPUTY COMMISSIONER, VIJAYAPURA-586101. 4. THE COMMISSIONER, MUNICIPAL CORPORATION, VIJAYAPURA-586101. 5. THE ASSISTANT DIRECTOR, DEPARTMENT OF YOUTH EMPOWERMENT AND SPORTS, VIJAYAPURA-586101. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3 AND R5; SRI. AMRESH S. ROJA, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTIONS IN THE NATURE OF A WRIT QUASHING THE NOTICE BEARING NO.SANIVI/YUSEKRIE/MA.BA/2025-26 DATED 14.05.2025 AS PER ANNEXURE-E (COLLY) ISSUED BY THE 5TH RESPONDENT, B) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE DIRECTION IN THE NATURE OF A WRIT DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 13.05.2025 AND 14.05.2025 SUBMITTED BY THE PETITIONERS VIDE ANNEXURE-C AND D RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-K:3243 WP No. 201437 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioners in the instant writ petition have challenged the show cause notice dated 14.05.2025 wherein they have been asked to vacate the shops allotted to them. The petitioners submit that similar notice has been challenged in W.P. No.201347/2025 and the writ petition has been disposed of with a direction to the concerned respondents to consider the request of the petitioners in accordance with law. The counsel for the petitioner submits that he would be satisfied with the similar order in the instant writ petition also. 2. Admittedly, petitioners have been allotted certain shops by respondent No.5 and the period of lease / licence is over. Hence, the impugned notice has been issued to the petitioners. I do not see any error in the same. The shop allotted to the petitioner being public property are to be to used in accordance with law. In this regard, the petitioners have given representations to respondent No.5, which according to them has not been considered so far. - 6 - HC-KAR NC: 2025:KHC-K:3243 WP No. 201437 of 2025 3. For the aforementioned reasons and also for the reason that this Court in W.P.No.201347/2025 had directed the concerned authority to consider the request of the petitioners in the said writ petition and the petitioners herein are also being similarly placed, it is hereby directed that respondent No.5 consider the representation of the petitioners in accordance with law and take appropriate decision thereafter. Sd/- (M.I.ARUN) JUDGE SMP List No.: 1 Sl No.: 114 CT:SI