- 1 - NC: 2025:KHC:2163 WP No. 686 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 686 OF 2025 (LB-RES) BETWEEN: 1. SRI ABDUL NAZEER, S/O ABDUL SUBHAN AGED ABOUT 57 YEARS, R/AT. JAMAL SAAB PALYA, MAGADI TALUK, KEMPASAGARA POST, KASABA HOBLI, RAMANAGAR DISTRICT-562120 SHOP NUMBER 4/1(1), OLD NO., R. R. ROAD, DOME LIGHT CIRCLE, MAGADI TOWN, MAGADI TALUK, RAMANAGAR DISTRICT-562120 2. SMT. GANGAMBHIKA K, W/O K H KRISHNAMURTY AGED ABOUT 41 YEARS, SHOP NUMBER 4, OPP INDIRA CANTEEN, TALUK OFFICE ROAD, MAGADI TOWN, MAGADI TALUK, RAMANAGAR DISTRICT—562120. 3. SRI. GANGAAIAH, S/O HONNAIAH AGED ABOUT 67 YEARS, SHOP NUMBER 1, OPP INDIRA CANTEEN TALUK OFFICE ROAD, MAGADI TOWN, MAGADI TALUK, RAMANAGAR DISTRICT—562120 4. SRI. BABU, S/O BHASHA SAB AGED ABOUT 64 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2163 WP No. 686 of 2025 SHOP NUMBER 4/1, OLD NO.1 R.R.ROAD DOME LIGHT CIRCLE, MAGADI TOWN, MAGADI TALUK, RAMANAGAR DISTRICT—562120 5. SRI. SYED RIYAZ, S/O ABDUL KUDAS AGED ABOUT 47 YEARS, SHOP NUMBER 4/5 OLD NO.5, R.R.ROAD DOME LIGHT CIRCLE, MAGADI TOWN, MAGADI TALUK, RAMANAGAR DISTRICT—562120 6. SRI. ASIF PASHA, S/O SADAR AGED ABOUT 36 YEARS, SHOP NUMBER 4/2 OLD NO. (2), R.R.ROAD DOME LIGHT CIRCLE, MAGADI TOWN, MAGADI TALUK, RAMANAGAR DISTRICT—562120 7. SRI. MARAIAH, S/O HANUMANTHAIAH AGED ABOUT 58 YEARS, R. R. ROAD, DOME LIGHT CIRCLE, MAGADI TOWN, MAGADI TALUK. RAMANAGAR DISTRICT-562120 8. SRI. MANJUNATH, S/O NARASIMHAIAH, AGED ABOUT 54 YEARS. SHOP NUMBER 2/5, NEW NO. 2 R. R. ROAD, DOME LIGHT CIRCLE. MAGADI TOWN, MAGADI TALUK. RAMANAGAR DISTRICT-562120 9. SRI. RANGANATH, S/O SHANTHAPPA AGED ABOUT 48 YEARS, SHOP NUMBER 3/4, NEW NO. 3 R. R. ROAD DOME LIGHT CIRCLE, MAGADI TOWN, MAGADI TALUK, RAMANAGAR DISTRICT-562120 - 3 - NC: 2025:KHC:2163 WP No. 686 of 2025 10. SMT. KAVITHA, W/O RAMESH AGED ABOUT 60 YEARS, SHOP NUMBER 1/5, NEW NO. 1 R. R. ROAD, DOME LIGHT CIRCLE, MAGADI TOWN, MAGADI TALUK, RAMANAGAR DISTRICT-562120 11. SRI. RAMESH, S/O NARASIMHAIAH AGED ABOUT 52 YEARS, SHOP NUMBER 5/5, OLD NO. 6 R. R. ROAD, DOME LIGHT CIRCLE, MAGADI TOWN, MAGADI TALUK, RAMANAGAR DISTRICT-562120 12. SRI. ABHISHEK PRASAD S/O NARAYAN PRASAD AGED ABOUT 36 YEARS, SHOP NUMBER 2, OPP INDIRA CANTEEN TALUK OFFICE ROAD, MAGADI TOWN, MAGADI TALUK, RAMANAGAR DISTRICT—562120 13. SMT. T MANGALA, W/O R. YOGESH KUMAR, AGED ABOUT 47 YEARS, NEW NO.3 SHOP NUMBER 4, BESIDE TALUK OFFICE BK ROAD, MAGADI TOWN, MAGADI TALUK, RAMANAGAR DISTRICT—562120 14. SMT. SOUBHAGYA, W/O LATE NAGARAJU AGED ABOUT 55 YEARS, SHOP NUMBER 1, BESIDE TALUK OFFICE BK ROAD, MAGADI TOWN, MAGADI TALUK, RAMANAGAR DISTRICT—562120 15. SRI, M YASHAVANTH RAO 8/9 B MUKUNDA RAO AGED ABOUT 49 YEARS, SHOP NUMBER 2, BESIDE TALUK OFFICE, - 4 - NC: 2025:KHC:2163 WP No. 686 of 2025 BK ROAD, MAGADI TOWN, MAGADI TALUK, RAMANAGAR DISTRICT-562120 …PETITIONERS (BY SRI. JAYAKUMAR.S.PATIL., SENIOR COUNSEL FOR SRI. A.MAHAMMED TAHIR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT URBAN DEVELOPMENT 3RD FLOOR, M.S.BUILDING, BANGALORE-560001. REP BY SECRETARY 2. THE TOWN MUNCIPALITY CORPORATION MAGADI TOWN MUNCIPAL CORPORATION MAGADI TOWN, MAGADI TALUK, RAMANAGAR DISTRICT--562120 REPRESENTED BY ITS COMMISSIONER …RESPONDENTS (BY SMT. SPOORTHI.V.HCGP., FOR R-1; SRI. N.SHIVAKUMAR., ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA., PRAYING TO-QUASH THE IMPUGNED NOTIFICATION DTD 18.12.2024 BEARING NO. PU.KA.MA/KUM.SHA/MALIGE HARAJU/C.R/1/2021-2022 AT ANNX-T IN SO FAR AS PETITIONERS ARE CONCERNED IN RESPECT OF SHOP PREMISES, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 5 - NC: 2025:KHC:2163 WP No. 686 of 2025 ORAL ORDER 1. This petition has been filed challenging the notification by which the shops which were in possession of petitioners as licenses are sought to be auctioned a fresh. 2. Learned Senior Counsel appearing for the petitioners submits that though the challenge is to the notification which proposes public auction, petitioners would not press that relief and would be satisfied if it is clarified that on the petitioners’ term coming to an end, they would be dispossessed only in the manner known to law. 3. Learned counsel appearing for Gram Panchayat submits that action has been taken as per the Circular issued by the Government regarding calling for bidders to participate in the fresh public auction and the petitioners would be bound to handover - 6 - NC: 2025:KHC:2163 WP No. 686 of 2025 possession if they choose not to participate in the auction or if they are unsuccessful in the auction. 4. In my view, it cannot be in dispute that if the petitioners’ term comes to an end and yet they do not handover possession to the Gram Panchayat, they would obviously be in “unauthorized occupation” as defined under the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974, since the property in question belongs to Gram Panchayat and is a public premises. 5. It is therefore necessary to clarify that if the petitioners choose not to participate in the auction or are unsuccessful bidders in the auction and they do not hand over possession thereafter, the Gram Panchayat will have to necessarily follow the provisions of the aforementioned Act to dispossess them. - 7 - NC: 2025:KHC:2163 WP No. 686 of 2025 6. Subject to above clarification, the writ petition is disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 43