- 1 - NC: 2025:KHC:5756 WP No. 10337 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 10337 OF 2022 (LB-RES) BETWEEN: 1. K N NAGENDRA AGED ABOUT 46 YEARS S/O K S NAGARAJU PROPREITOR AKSHAYA FINANCE (REG) SHOP NO.27, PANCHAYATHI SHOPPING COMPLEX OPP BUS STAND, KUDOOR-561 101 MAGADI TALUKM, RAMANAGARA DISTRICT. …PETITIONER (BY SRI. AVINASH SATHYA PRAKASH., ADVOCATE) AND: 1. PANCHAYATH DEVELOPMENT OFFICER KUDOOR GRAMA PANCHAYATHI KUDOOR MAGADI TALUK RAMANAGARA ZILLA PANCHAYATH RAMANAGARA DISTRICT RAMANAGARA-5602108 2. EXECUTIVE OFFICER TALUK PANCHAYATHI KUDOOR GRAMA PANCHAYATHI KUDOOR MAGADI TALUK RAMANAGARA ZILLA PANCHAYATH RAMANAGARA DISTRICT RAMANAGARA-5602108. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5756 WP No. 10337 of 2022 …RESPONDENTS (BY SRI. VIJAY K R., ADVOCATE FOR R1; SRI. M S DEVARAJU, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO RENEW THE LICENSE OF THE PETITIONER WHICH IS PRODUCED AT ANNEXURE-A AND SET ASIDE THE NOTICE ISSUED BY THE RESPONDENT, WHICH IS PRODUCED AT ANNEXURE H AND J. WHICH IS SUBJECTED TO THE SUIT PROPERTY, WITH NO OTHER OPTION THE PETITIONER FILED THIS WRIT OF MANDAMUS IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this petition is for a direction to the respondents to renew the license of the petitioner, the copy which is produced at Annexure – A and also to set aside the notice issued by the Respondents, copies of which are produced at Annexure – H and J. - 3 - NC: 2025:KHC:5756 WP No. 10337 of 2022 2. It is not in dispute that the petitioner was inducted into the premises under the agreement dated 16.01.2008. A reading of the said document would indicate that the petitioner was entitled to be in the premises only for a period of five years. Though the term of the agreement stood expired way back in the year 2013, the petitioner has continued in possession. 3. Learned counsel appearing for the respondents submits that, since 2013 the petitioner has not paid the rent, even though he himself is an elected member of the Panchayat. 4. On the last occasion i.e., on 23.01.2025, the petitioner handed over a demand draft of Rs.50,000/- and also a cheque for Rs.50,000/-. Thereafter, the petitioner handed over a cheque of Rs.1,00,000/- to the counsel appearing for the 1st respondent towards the arrears of rent. - 4 - NC: 2025:KHC:5756 WP No. 10337 of 2022 5. Learned counsel for the 1st respondent submits that, the cheque, when presented for encashment, has been returned on the ground of ‘insufficient funds’. 6. It is therefore clear from the above that, though the petitioner was given some concession and was asked to pay the rents, he has deliberately defaulted on the same. This indicates that the petitioner has absolutely no intent of clearing the arrears of rent and yet he is seeking for renewal of the agreement in his favor. 7. In my view, the petitioner does not deserve any sympathy or exercise of discretion. Having regard to his conduct, I am therefore of the view that this writ petition is liable to be dismiss with cost of Rs.25,000/-. Accordingly, this petition is dismissed with cost of Rs.25,000/- 8. The petitioner shall deposit a sum of Rs.25,000/- within a period of two weeks from today. - 5 - NC: 2025:KHC:5756 WP No. 10337 of 2022 9. The Panchayat is at liberty to proceed expeditiously for the eviction of the petitioner. 10. 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.: 15