- 1 - HC-KAR NC: 2025:KHC-D:17671 WP No. 107772 of 2018 C/W WP No. 108353 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.107772 OF 2018 (LB-RES) C/W WRIT PETITION NO.108353 OF 2018 (LB-UC) IN W.P. NO.107772 OF 2018: BETWEEN: 1. SIDDALINGESH V.K. S/O VEERANNA KARIGOUDAR, AGED ABOUT 53 YEARS, OCC: BUSINESS, STALL NO.1, GROUND FLOOR, NEAR VEGETABLE MARKET, 4TH WARD, NEAR OLD BUS STAND, HOSAPETE, DIST: BALLARI. 2. INDRABHAN JAIN S/O K. POKARCHANDJI, AGED ABOUT 70 YEARS, OCC: BUSINESS, STALL NO.21, C.M.C. COMPLEX, NEAR VEGETABLE MARKET, 4TH WARD, NEAR OLD BUS STAND, HOSAPETE, DIST: BALLARI. 3. SYED AKRAM S/O SYED ABDUL KAREEM, AGED ABOUT 44 YEARS, OCC: BUSINESS, S.M.S.Q. ENTERPRISES, STALL NO.18, C.M.C. COMPLEX, NEAR VEGETABLE MARKET, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.12 11:10:56 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17671 WP No. 107772 of 2018 C/W WP No. 108353 of 2018 4TH WARD, NEAR OLD BUS STAND, HOSAPETE, DIST: BALLARI. 4. K. RANGAPPA S/O K. RAMAPPA, AGE. 68 YEARS, OCC: BUSINESS BLUE STAR STATIONARY MART, STALL NO.8, C.M.C. COMPLEX, NEAR VEGETABLE MARKET, 4TH WARD, NEAR OLD BUS STAND, HOSAPETE, DIST: BALLARI. 5. MOHAMMED RAFEEQ S/O M.A. RAHEEM, AGE. 49 YEARS, OCC: BUSINESS, STALL NO.5, C.M.C. COMPLEX, NEAR VEGETABLE MARKET, 4TH WARD, NEAR OLD BUS STAND, HOSAPETE, DIST: BALLARI. … PETITIONERS (BY SRI. DAYANAND M. BANDI, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, REPRESENTED BY ITS SECRETARY, M.S. BUILDING, BENGLAURU. 2. CITY MUNICIPAL COUNCIL HOSAPETE, REPRESENTED BY ITS COMMISSIONER/ESTATE OFFICER, HOSAPETE, DIST: BALLARI. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC-D:17671 WP No. 107772 of 2018 C/W WP No. 108353 of 2018 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY ORDER OR DIRECTION TO QUASH THE NOTICES NO.NA.SA.HO.LEASE/06:2012-13 DATED 14.11.2018 ISSUED TO THE PETITIONERS NO.1 TO 5 BY 2ND RESPONDENT VIDE ANNEXURE-G, G1, G2, G3 AND G4 IN RESPECT OF THE PETITION SCHEDULE PROPERTIES NO.1 TO 5, IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS OR THEIR AGENTS TO DESIST FROM DEMOLISHING THE CONSTRUCTIONS, BUILDINGS OR ANY PART OF THE PETITION SCHEDULE PROPERTIES AND DISPOSSESSING THE PETITIONERS OR ANY PERSONS CLAIMING RIGHT UNDER THE PETITIONERS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN W.P. NO.108353 OF 2018: BETWEEN: 1. JITENDAR KUMAR S. S/O SHANTILAL, AGED ABOUT 47 YEARS, OCC: BUSINESS, JITENDRA STORES, STALL NO.19, GROUND FLOOR, NEAR VEGETABLE MARKET, 4TH WARD, NEAR OLD BUS STAND, HOSAPETE, DIST: BALLARI. 2. RAMACHANDRA A.N. S/O A. NEMANNA, AGED ABOUT 56 YEARS, OCC: BUSINESS, SUPREME ENTERPRISES AND PATEL TRADERS, AND GENERAL STORES, STALL NO.10, C.M.C. COMPLEX, NEAR VEGETABLE MARKET, 4TH WARD, NEAR OLD BUS STAND, HOSAPETE, DIST: BALLARI. 3. R. GOPAL S/O R. ROOPAM, AGED ABOUT 44 YEARS, OCC: BUSINESS, RAMDEV GENERAL STORES, STALL NO.4, C.M.C. COMPLEX, NEAR VEGETABLE MARKET, - 4 - HC-KAR NC: 2025:KHC-D:17671 WP No. 107772 of 2018 C/W WP No. 108353 of 2018 4TH WARD, NEAR OLD BUS STAND, HOSAPETE, DIST: BALLARI. … PETITIONERS (BY SRI. DAYANAND M. BANDI, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, REPRESENTED BY ITS SECRETARY, M.S. BUILDING, BENGLAURU. 2. CITY MUNICIPAL COUNCIL HOSAPETE, REPRESENTED BY ITS COMMISSIONER/ESTATE OFFICER, HOSAPETE, DIST: BALLARI. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY ORDER OR DIRECTION TO QUASH THE NOTICES NO.NA.SA.HO/LEASE/06:2012-13 DATED 14.11.2018 ISSUED TO THE PETITIONERS NO.1 TO 3 BY 2ND RESPONDENT VIDE ANNEXURE-J, J1 AND J2" IN RESPECT OF THE PETITION SCHEDULE PROPERTIES NO.1 TO 3 IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS OR THEIR AGENTS TO DESIST FROM DEMOLISHING THE CONSTRUCTIONS, BUILDINGS OR ANY PART OF THE PETITION SCHEDULE PROPERTIES AND DISPOSSESSING THE PETITIONERS OR ANY PERSONS CLAIMING RIGHT UNDER THE PETITIONERS, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:17671 WP No. 107772 of 2018 C/W WP No. 108353 of 2018 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. These petitions are filed assailing the notices dated 14.11.2018, wherein the respondent-Municipality has proposed to initiate action against the petitioners under the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (for short ‘the Act of 1974’) marked at Annexure-G series. 2. Learned counsel for the petitioners submits that the respondent-Municipality has no jurisdiction to initiate the proceedings under the aforementioned Act. 3. If that is the contention, it has to be raised before the Authority, which has already initiated action under the Act of 1974. The Authority shall consider all contentions including the maintainability of the - 6 - HC-KAR NC: 2025:KHC-D:17671 WP No. 107772 of 2018 C/W WP No. 108353 of 2018 proceedings against the petitioners and thereafter, pass appropriate orders in accordance with law. 4. Hence, the following: ORDER i. The petitions are disposed of. ii. The petitioners are at liberty to raise the contentions before the Authority, which has already initiated action under the Act of 1974. The Authority shall consider all contentions including the maintainability of the proceedings against the petitioners and thereafter pass appropriate orders in accordance with law. Till then, the petitioners shall not be evicted. iii. It is made clear that nothing is expressed on the merits of the matter. - 7 - HC-KAR NC: 2025:KHC-D:17671 WP No. 107772 of 2018 C/W WP No. 108353 of 2018 iv. All contentions including the jurisdiction are kept open. v. The petitioners shall pay the arrears of rent to the respondent-Municipality within two months from today. The respondent- Municipality shall receive the same without prejudice to the contentions. vi. The petitioners shall continue to pay the rent till the disposal of the proceedings. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT:BCK LIST NO.: 1 SL NO.: 56