- 1 - NC: 2025:KHC:8818 WP No. 31916 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 31916 OF 2024 (LB-RES) BETWEEN:: 1. N. RAMACHANDRAPPA., S/O NARYANAPPA, AGED ABOUT 68 YEARS SHOP No.5 2. ANANTHRAJA, S/O VENKATESHAPPA., AGED ABOUT 54 YEARS, SHOP No.2 3. MAHENDRA, S/O RAJANNA, AGED ABOUT 45 YEARS, SHOP No.3 4. NARAYANSWAMY, S/O MUGANNA, AGED ABOUT 45 YEARS, SHOP No.4 5. LAKSHMAN MURTHY, S/O ANJANAPPA, AGED ABOUT 60 YEARS, SHOP No.7 6. RAVI S/O CHIKKAMUNIYAPPA, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8818 WP No. 31916 of 2024 AGED ABOUT 40 YEARS, SHOP No.8 7. SRINIVAS, S/O NAGARAJU, AGED ABOUT 40 YEARS, SHOP No.9 8. IMTIYAZA, S/O H.M.YOUSUF AGED ABOUT 45 YEARS, SHOP No.10 R-8 IS DISMISSED AS WITHDRAWN VIDE ORDER DATED 17.02.2025. 9. ASLAM PASHA S/O ABDUL GAFUR, AGED ABOUT 50 YEARS, SHOP No.14 10. K.RAMESH, S/O KEMPANNA, AGED ABOUT 62 YEARS, SHOP No.16 11. JAYARAM, S/O APPYAPPA, AGED ABOUT 47 YEARS, SHOP No.17 12. NARYAN, S/O VENKATAPPA, AGED ABOUT 48 YEARS, SHOP No.18 13. VENKAESHAPPA S/O VENKATASWAMAPPA, AGED ABOUT 60 YEARS, SHOP No.19 - 3 - NC: 2025:KHC:8818 WP No. 31916 of 2024 ALL THE PETITIONERS ARE R/OF BUDIGERE VILLAGE, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT 562 129. …PETITIONERS (BY SRI. BRIJESH PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATHRAJ VIKASA SOUDHA, BANGALORE-560 001 REP. BY ITS SECRETARY, 2. CHIEF EXECUTIVE OFFICER, DEVANAHALLI ZILLA PANCHAYATH BANGALORE RURAL, BANGALORE-560 001. 3. EXECUTIVE OFFICER TALUK PANCHAYATH, DEVANAHALLI 562 110 4. PANCHAYATH DEVELOPMENT BUDIGERE GRAMA PANCHAYATH BUDIGERE VILLAGE 562 129 5. BUDHIGERE GRAMA PANCHAYTH HAVING ITS OFFICER BUDHIGERE VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT REPRESENTED BY ITS PRESIDENT VARALAKSHMI K …RESPONDENTS (BY SMT. SPOORTHI.V., HCGP FOR R-1; SRI. M.S.DEVARAJU., ADVOCATE FOR R-2 TO R-4; SRI. BHARATH KUMAR.V., ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED SPECIAL GENERAL BODY PROCEEDINGS DATED 24.10.2024 OF THE R-1 RESOLVING TO - 4 - NC: 2025:KHC:8818 WP No. 31916 of 2024 AUCTION THE SHOPS IN OCCUPATION OF THE PETITIONERS (ANNEXURE-H) TO THE PETITION, 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 petitioners are calling in question the resolution of the Panchayath dated 24.10.2024 by which it had resolved to auction the shops which were in the possession of the petitioners. The petitioners are also seeking quashing of a notification issued by the Panchayat vide Annexure-K. 2. The petitioners contend that they had the right of first refusal and also had right to continue in the premises which were in their possession till the end of March, 2025 and therefore, the auction notification could not have been issued. 3. Learned counsel for the Panchayat contends that auction has been conducted in which several bids have been received. He also submits that if by - 5 - NC: 2025:KHC:8818 WP No. 31916 of 2024 15.03.2025, the successful bidders do not comply with the conditions imposed in the auction notification, the Panchayat would re-auction the shops in question and in such an event, the petitioners could participate in such an auction. 4. He also submits that if successful auction bidders come forward to pay the amount as prescribed in the auction notification and at that stage, if the petitioners are prepared to match the offers made by successful bidders, they shall also be offered the shops by extending their lease and for this purpose, the petitioners will be granted time till 20.03.2025. 5. Recording said submission, the writ petition is disposed of directing the panchayath to offer the petitioners to match the bid of the highest bidder, if they come forward to pay the necessary amount by 13.03.2025. 6. The panchayat shall give the petitioners time till 20.03.2025 to match the offers and if they do match - 6 - NC: 2025:KHC:8818 WP No. 31916 of 2024 the offers, the leases shall be extended and if they do not match the bid, the panchayat shall proceed to allot the shops to the highest bidder in the auction. Sd/- (N S SANJAY GOWDA) JUDGE PKS/List No.: 1 Sl No.: 43