- 1 - NC: 2025:KHC:6051 WP No. 30757 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 30757 OF 2024 (LB-RES) BETWEEN: 1. SRI.RAMANJINAPPA M.K. S/O K KENCHAPPA, R/AT MUTHYALAMMANA TEMPLE STREET, KURUBARA STREET, PAVAGADA TOWN, TUMAKURU DISTRICT 561202. …PETITIONER (BY SRI. SUBHASH CHANDRA BOSE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT. TUMKUR 572101. 3. THE CHIEF OFFIER PAVAGADA TOWN MUNICIPALITY, PAVAGADA. TUMKURU DISTRICT - 561202. …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1 & R-2; SRI. D.NAGARAJ., ADVOCATE FOR R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO SET ASIDE THE PUBLIC AUCTION NOTICE BEARING NO. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6051 WP No. 30757 of 2024 PUPA/THA.SHA/CR/03/2024-25 DATED 24.10.2024 ISSUED BY THE R-3, VIDE ANNEXURE-A FOR CONDUCTING AUCTION OF SHOP NO. 2 OF COMMERCIAL COMPLEX SITUATED IN THE MUNICIPALITY, OLD BUS STAND, PAVAGADA TOWN, ETC. 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 petitioner is challenging a notification by which certain shops in the Commercial Complex situated at Old bus stand, Pavagada Town was sought to be auctioned by the Municipality. 2. Learned counsel appearing for the 3rd respondent - Municipality has filed a memo, in which it is stated that the petitioner had exercised the right of 1st refusal and agreed to continue in the same shop by paying 5% over and above the highest bid amount in respect of Shop No.3 and she has also paid the advance amount and agreed to pay the rent accordingly. - 3 - NC: 2025:KHC:6051 WP No. 30757 of 2024 3. In view of the fact that the petitioner has participated in the process and has exercised the right of 1st refusal, it is obvious that the challenge of notification would not survive for consideration. 4. This writ petition is disposed of as having become unnecessary. 5. 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.: 39