- 1 - NC: 2025:KHC:7340 WP No. 4235 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4235 OF 2025 (LB-RES) BETWEEN: 1. YOGESH KUMAR K S/O KYATHAIAH, AGED ABOUT 33 YEARS, SHOP NO.12. 2. NAGARAJU, S/O SIDDAPPA, AGED ABOUT 40 YEARS SHOP NO.10. 3. K VENKATESH, S/O KRISHNAYYA, AGED ABOUT 38 YEARS SHOP NO.17. 4. N KUMAR, S/O NAGESH M., AGED ABOUT 44 YEARS SHOP NO.16. 5. SRI. GURUPRASAD C., S/O LATE CHANNABASAPPA, AGED ABOUT 40 YEARS, SHOP NO.11, NOTE: ALL ARE TENANTS AT SHOPS IDSMT, 2ND STAGE, 1ST FLOOR, GUNDLUPET, K.R.C.ROAD, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7340 WP No. 4235 of 2025 CHAMARAJANAGAR - 571 111. …PETITIONERS (BY SRI. NAVEEN J N., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT, CHAMARAJANAGARA – 571 111. 2. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL, GUNDLUPET, CHAMARAJANAGAR DISTRICT - 571 111. …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1; SRI. DHARMAPAL, ADVOCATE FOR C/R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BY THE 1ST RESPONDENT IN NO.CHA.ZI.NA.KO./GU.PU./MALIGE/C.R./272/2017-18 INSOFAR AS IT RELATES TO CANCELLATION OF AUCTION PROCEEDINGS IN RESPECT OF SHOPS NO.10, 11, 12, 14, 16 AND 17 IN IDSMT SCHEME, 2ND STAGE, 1ST FLOOR, GUNDLAPETE DTD. 31.01.2025 MARKED AT ANNX-E TO THE WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:7340 WP No. 4235 of 2025 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioners are challenging the decision of the Deputy Commissioner, whereby he has cancelled the auction proceedings and ordered for a re-auction on the ground that the prices that were forthcoming in the auction were inadequate. 2. It was the view of the Deputy Commissioner that, having regard to the rents that the ground flour have fetched, the rents that were offered for the first floor were meager and hence a fresh auction is ordered. 3. The right of the owner of the property, especially a public authority, to auction the properties or to lease them and either accept an auction bid or not is entirely at their discretion and a bidder cannot insist that his bid be accepted. - 4 - NC: 2025:KHC:7340 WP No. 4235 of 2025 4. I am therefore of the view that there is no merit in this writ petition and this writ petition is liable to be dismissed. 5. However, it is made clear that, in any fresh re- auction to be conducted, the petitioners shall be entitled to participate and filing of this writ petition should not be held against them for consideration of their needs. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 13