- 1 - HC-KAR NC: 2025:KHC-D:16502 WP No. 102778 of 2021 C/W WP No. 148696 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 102778 OF 2021 (LB-RES) C/W WRIT PETITION NO. 148696 OF 2020 (LB-RES) IN W.P. NO. 102778 OF 2021: BETWEEN: 1. G. HARISH S/O LATE G. HANUMANTHAPPA, AGE. 55 YEARS, OCC. CLOTH MERCHANT, STALL NO.1, R/O. POST: KUDATHIYI, DIST. BALLARI, PIN CODE-583 115. 2. TAILOR KRISHNAMURTHY S/O LATE G. HANUMANTHAPPA, AGE. 35 YEARS, OCC. TAILORING, STALL NO.11, R/O. POST: KUDATHIYI, DIST. BALLARI, PIN CODE-583 115. 3. V. CHANDRAPPA S/O LATE V. MALLAPPA, AGE. 60 YEARS, OCC. BUSINESS, STALL NO.1, R/O. POST: KUDATHIYI, DIST. BALLARI, PIN CODE-583 115. … PETITIONERS (BY SMT. SUNITHA P. KALASOOR, ADVOCATE) AND: 1. KUDTHINI TOWN MUNICIPAL COUNCIL, TOWN MUNICIPAL OFFICE, KUDATHINI, DIST. BALLARI-583 115, REPRESENTED BY ITS CHIEF OFFICER. 2. DEPUTY COMMISSIONER, DEPUTY COMMISSIONER OFFICER, BALLARI, DIST. BALLARI-583 101. … RESPONDENTS (BY SRI. B. SHARANABASAWA, ADVOCATE FOR R1; SRI. ASHOK T. KATTIMANI, AGA FOR R2) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.05 10:52:30 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16502 WP No. 102778 of 2021 C/W WP No. 148696 of 2020 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AGAINST THE E-AUCTION NOTICE DATED 26.07.2021 VIDE NO.PATRA SANKHE: P.Pam.Ku/Ka.Vi/01/2021-22 PASSED BY 1ST RESPONDENT WITH RESPECT TO PETITIONERS PRODUCED AT ANNEXURE-E AND ISSUE A WRIT OF MANDAMUS TO THE RESPONDENTS TO FOLLOW THE JUDGMENT AND DECREE PASSED IN O.S. NO.257/2005 PASSED BY PRINCIPAL CIVIL JUDGE, JUNIOR DIVISION, BALLARI DATED 22.06.2006 PRODUCED AT ANNEXURE-B. IN W.P. NO. 148696 OF 2020: BETWEEN: 1. E. RAJAKUMAR S/O E. SEETHARAMA SETTY, AGE. 51 YEARS, KIRANA MERCHANT, STALL NO.9, R/O. VINAYAKA PROVISION STORE, MAIN ROAD, NEAR ANJAYEYASWAMY TEMPLE, KUDATHINI POST, BALLARI DISTRICT-583 101. 2. E. RAJAKUMAR S/O. E. SEETHARAMA SETTY, AGE. 51 YEARS, MOBILE SHOP, STALL NO.10, R/O. VINAYAKA PROVISION STORE, MAIN ROAD, NEAR ANJAYEYASWAMY TEMPLE, KUDATHINI POST, BALLARI DISTRICT-583 101. 3. H.J. CHETAN S/O. J. MAHESH, AGE. 34 YEARS, PLASTIC MERCHANT, STALL NO.8, R/O. MAIN ROAD, NEAR ANJAYEYASWAMY TEMPLE, KUDATHINI POST, BALLARI DISTRICT-583 101. 4. M. HANUMANTHAPPA S/O. M. MAREPPA, AGE. 52 YEARS, STEEL SHOP, STALL NO.7, R/O. MAIN ROAD, NEAR ANJAYEYASWAMY TEMPLE, KUDATHINI POST, BALLARI DISTRICT-583 101. 5. M. BHEEMALINGAPPA S/O. M. NARAYANAPPA, AGE. 55 YEARS, MILK DIARY SHOP, STALL NO.6, R/O. MAIN ROAD, NEAR ANJAYEYASWAMY TEMPLE, KUDATHINI POST, BALLARI DISTRICT-583 101. 6. E. VEERAKUMAR S/O. E. SEETHARAMA SETTY, AGE. 55 YEARS, KIRANA MERCHANT, STALL NO.2, R/O. MAIN ROAD, NEAR ANJAYEYASWAMY TEMPLE, - 3 - HC-KAR NC: 2025:KHC-D:16502 WP No. 102778 of 2021 C/W WP No. 148696 of 2020 KUDATHINI POST, BALLARI DISTRICT-583 101. 7. P. HUCCHAMMA W/O. VADADAPPA, AGE. 52 YEARS, SOFTMAN COMPUTER, STALL NO.3, R/O. MAIN ROAD, NEAR ANJAYEYASWAMY TEMPLE, KUDATHINI POST, BALLARI DISTRICT-583 101. 8. H. KOTRESH S/O. H. NAGABHUSHANGOUDA, AGE. 44 YEARS, KIRANA MERCHANT, STALL NO.4, R/O. MAIN ROAD, NEAR ANJAYEYASWAMY TEMPLE, KUDATHINI POST, BALLARI DISTRICT-583 101. … PETITIONERS (BY SMT. SUNITHA P. KALASOOR, ADVOCATE) AND: 1. KUDTHINI TOWN MUNICIPAL COUNCIL, TOWN MUNICIPAL OFFICE, KUDATHINI, DIST. BALLARI-583 101, REPRESENTED BY ITS CHIEF OFFICER. 2. DEPUTY COMMISSIONER, DEPUTY COMMISSIONER OFFICER, BALLARI, DIST. BALLARI-583 101. … RESPONDENTS (BY SRI. B. SHARANABASAWA, ADVOCATE FOR R1; SRI. ASHOK T. KATTIMANI, AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AGAINST THE RESOLUTION POINT NO.6 PRODUCED AT ANNEXURE-E DATED 09.11.2020 VIDE NO.Pa.Pam.Ku/Sabhe/01/2020- 21 PASSED BY 1ST RESPONDENT WITH RESPECT TO PETITIONERS AND ISSUE A WRIT OF MANDAMUS TO THE RESPONDENTS TO FOLLOW THE JUDGMENT AND DECREE PASSED IN O.S. NO.255/2006 PASSED BY PRINCIPAL CIVIL JUDGE, JUNIOR DIVISION BALLARI DATED 22.05.2006 PRODUCED AT ANNEXURE-B. THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:16502 WP No. 102778 of 2021 C/W WP No. 148696 of 2020 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for respondent No.1 and the learned Additional Government Advocate for respondent No.2. 2. The petitions are filed assailing the e-Auction notice dated 26.07.2021 notifying the e-Auction in respect of the premises which is said to have been in occupation of the petitioners. 3. Learned counsel appearing for the petitioners would submit that the petitioners occupied the petition properties as tenants under the first respondent - Municipality and tenancy has come to an end and petitioners have not been evicted in due process of law. Before evicting the petitioners in due process of law, the properties are sought to be auctioned. The petitioners contend that the property cannot be auctioned unless the petitioners are evicted in due process of law. 4. Learned counsel for respondent No.1 would submit that the tenure of the lease has come to an end long back and - 5 - HC-KAR NC: 2025:KHC-D:16502 WP No. 102778 of 2021 C/W WP No. 148696 of 2020 the petitioners cannot stall the auction proceeding and in support of his contention would place reliance on the judgment of the Co- ordinate Bench of this Court in Sri Kalgudi Vishwanath and others v. State of Karnataka and others1. 5. Referring to the said judgment, learned counsel for respondent No.1 would submit that the writ petitions have to be dismissed and the auction proceedings should go on. 6. The date fixed for auction has already expired. So there has to be a fresh auction sale of leasehold rights. 7. Whether the first respondent intends to auction the premises before evicting the petitioners in due process of law or intends to evict them after the auction process in case the petitioners do not emerge as successful bidders is left to the decision of the first respondent. And such decision has to be taken as per the applicable law, rules and regulations. 8. In case, the auction proceeding takes place before the petitioners are evicted and the petitioners emerge as successful bidders, then the petitioners are entitled to continue 1 W.P.No.102839 of 2022 - 6 - HC-KAR NC: 2025:KHC-D:16502 WP No. 102778 of 2021 C/W WP No. 148696 of 2020 to occupy the property subject to the terms and conditions of the auction. If the petitioners are not successful bidders, then the petitioners have to vacate the premises pursuant to action to be initiated by the 1st respondent in accordance with law. 9. With these observations, the following: ORDER i. Writ petitions are disposed of. ii. There is no need to formally quash Annexure-E as it has spent its life. iii. 1st respondent may take appropriate action as advised in law keeping in mind the observations made above. iv. It is made clear that 1st respondent is at liberty to initiate action for auction as well as eviction simultaneously. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 30