- 1 - HC-KAR NC: 2025:KHC:28917 WP No. 9613 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.9613 OF 2025 (LB-RES) BETWEEN: 1. AKRAM SHRIF S/O. BUDEN SHARIF, AGED ABOUT 44 YEARS, P.H. ROAD, BETTADAPURA, PERIYAPATNA TALUK, MYSURU DISTRICT-571 102. 2. ABDUL JABBAR S/O. ABDUL RAHIM AGED ABOUT 37 YEARS, #814, K.E.B. COLONY, BETTADAPURA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT-571 102. 3. RAJU D.N. S/O. NAGE GOWDA AGED ABOUT 32 YEARS, D.G. KOPPALU VILLAGE, BETTADA THUNGA POST, BETTADAPURA HOBLI, PERIYAPATNA TALUK, BETTADA THUNGA, MYSURU DISTRICT-571 102. 4. BHARATH B M S/O. MAHESH Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28917 WP No. 9613 of 2025 AGED ABOUT 27 YEARS, #56, POST OFFICE STREET, BETTADAPURA HOBLI, BETTADAPURA, PERIYAPATNA TALUK, MYSURU DISTRICT-571 102. 5. IRFAN SHARIF S/O. IKBAL SHARIF AGED ABOUT 37 YEARS, #434, P.H. ROAD, BETTADAPURA HOBLI, PERIYAPATNA TALUK, VTC BETTADAPURA, MYSURU DISTRICT-571 102. …PETITIONERS (BY SRI. ABUBACKER SHAFI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF MUNICIPAL ADMINISTRATION AND LOCAL BODIES, VIKASA SOUDHA, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, MYSURU DISTRICT, MYSURU-570 011. 3. THE THASILDAR, PERIYAPATNA TALUK, PERIYAPATNA-571 107. 4. THE PANCHAYATH DEVELOPMENT OFFICER (PDO) BETTADAPURA GRAMA PANCHAYATH, PERIYAPATNA TALUK, MYSURU DISRTICT-571 102. …RESPONDENTS (BY SRI. KENCHEGOWDRU H.K., AGA FOR R.1 TO R.3; SRI B.J. SOMAYAJI, ADVOCATE FOR R.4.) - 3 - HC-KAR NC: 2025:KHC:28917 WP No. 9613 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.4 TO ISSUE LICENSE TO THE RUNNING OF MUTTON AND CHICKEN STALLS AT BETTADAPURA VILLAGE OF PRIYAPATNA TALUK BY COLLECTING LICENSE FEE INSTEAD OF RESORTING TO BID /TENDER, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The Panchayath Development Officer, Bettadapura Grama Panchayath (respondent No.4) has auctioned certain stalls wherein the successful bidders are permitted to carry on the business of sale of chicken / mutton. The petitioners claim to have succeeded in the bid and are said to be running the said business. After the lapse of the period of licence, the present writ petition is filed with the following prayers:- "WHEREFORE, under the circumstances the Petitioners above named pray that this Hon'ble Court be pleased to:- - 4 - HC-KAR NC: 2025:KHC:28917 WP No. 9613 of 2025 i. Issue a writ in the nature of mandamus by directing the 4th Respondent to issue license to the running of Mutton and Chicken stalls at Bettadapura Village of Periyapatna Taluk by collecting license fee instead of resorting to bid/tender. ii. And grant such other orders or direction/s that this Hon'ble Court deems fit under the circumstances of the case including the costs in the interest of justice and equity." 2. The learned counsel for respondent No.4 submits that after the expiry of the licence period, the stalls have been once again auctioned and petitioners have participated in the auction and petitioner Nos.1, 3 and 4 have been successful and are permitted to carry on the business of chicken / mutton in the said stalls. It is contended that petitioner Nos.1, 3 and 4 being successful, they are not disturbed from continuing the business and they will be permitted to continue the business for the remaining period of licence. Petitioner Nos.2 and 5 being unsuccessful, are not permitted to carry on the business. On the said ground, it is prayed that the writ petition may be dismissed. - 5 - HC-KAR NC: 2025:KHC:28917 WP No. 9613 of 2025 3. Admittedly, the shops do not belong to the petitioners. It belongs to respondent No.4 and it has auctioned the said stalls and the successful bidders are permitted to carry on the business of chicken / mutton. A successful bidder will be entitled to carry on the business during the period of licence in the said stalls and not beyond it. Respondent No.4 is required to licence the stalls in a tenable manner and if there are any structural defects, the same needs to be set right. During the period of licence, respondent No.4 cannot disturb the successful bidder from carrying on the business as long as he fulfills the terms and conditions subject to which the licence is granted. The successful bidder is not entitled to any other remedy. 4. Further, once the term of licence expires, the successful bidder is liable to vacate the premises, failing which respondent No.4 can initiate appropriate action to have him vacated in accordance with law. The petitioners are not entitled to pray for writ of mandamus to direct respondent No.4 to issue licence to run chicken / mutton stalls perpetually. - 6 - HC-KAR NC: 2025:KHC:28917 WP No. 9613 of 2025 5. For the aforementioned reasons, the writ petition is dismissed subject to the observations made hereinabove. SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 4