Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:28278 WP No. 16588 of 2022 C/W WP No. 8887 of 2020 WP No. 9396 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16588 OF 2022 (GM-TEN) C/W WRIT PETITION NO. 8887 OF 2020 (GM-TEN) WRIT PETITION NO. 9396 OF 2020 (LB-RES) IN WP No. 16588/2022 BETWEEN:
1. SHRI L SHIVARAJ S/O N LAKSHMANA AGED 35 YEARS OCC BUSINESS R/O SHOP NO 1 TMC PAMP HOUSE SHOP COMPLEX VIJAYAPURA TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN CODE 562135
2. SRI N MUNICHANNAPPA S/O C NARAYANAPPA AGED 52 YEARS OCC BUSINESS R/O SHOP NO 3 TMC PAMP HOUSE SHOP COMPLEX VIJAYAPURA TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN CODE 562135
3. SHRI S NARAYANASWAMY S/O SRI RAMAPPA Digitally signed by PRAKASH N Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:28278 WP No. 16588 of 2022 C/W WP No. 8887 of 2020 WP No. 9396 of 2020 AGED 44 YEARS OCC BUSINESS R/O SHOP NO 10 TMC PAMP HOUSE SHOP COMPLEX VIJAYAPURA TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN CODE 562135
4. SRI N RAJU S/O NANJUNDAPPA AGED 30 YEARS OCC BUSINESS R/O SHOP NO 9 TMC PAMP HOUSE SHOP COMPLEX VIJAYAPURA TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN CODE 562135
5. SRI H CHANDRU S/O HANUMANTHARAYAPPA AGED 45 YEARS OCC BUSINESS R/O SHOP NO 3 TMC KOLAR ROAD SHOP COMPLEX VIJAYAPURA TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN CODE 562135
6. SRI MUNIVENAKTAPPA S/O MUNIRANGAPPA AGED 50 YEARS OCC SALON R/O SHOP NO 1 TMC KOLAR ROAD SHOP COMPLEX VIJAYAPURA TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN CODE 562135
- 3 -
HC-KAR NC: 2025:KHC:28278 WP No. 16588 of 2022 C/W WP No. 8887 of 2020 WP No. 9396 of 2020
7. SRI MALLIKARJUNA BALAMURI S/O BALAMURI AGED 44 YEARS OCC BUSINESS R/O SHOP NO 2 TMC KOLAR ROAD SHOP COMPLEX VIJAYAPURA TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN CODE 562135
8. SHEK IBRAHIM S/O PYAREJAN, AGED 38 YEARS OCC MOTOR SERVICE R/O SHOP NO 4 TMC KOLAR ROAD SHOP COMPLEX VIJAAPURA TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN CODE 562135 …PETITIONERS (BY SRI. MUNIRAJU V, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP BY SECRETARY URBAN DEVELOPMENT DEPARTEMNT VIKASASA SOUDHA BENGALURU 560001
2.
THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT MINI VIDHANA SOUDHA BEERASANDRA DEVANAHALLI BENGALURU RURAL DISTRICT 562101
- 4 -
HC-KAR NC: 2025:KHC:28278 WP No. 16588 of 2022 C/W WP No. 8887 of 2020 WP No. 9396 of 2020
3. THE CHIEF OFFICER VIJAYAPURA TOWN MUNICPAL COUNCIL VIJAYAPURA TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT 562135 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, ADV., FOR R1 & R2;
SRI VASANTH FERNANDEZ, ADV., FOR SMT. VEENAKUMAR, ADV., FOR F3)
THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED PAMPHLET FOR SHOPS TENDER CUM PUBLIC AUCTION DTD. 01.07.2022 ISSUED BY THE R-3 IN NO. PuVi/Kam.Shakhe/CR/02/2022-23, SCHEDULE UNDER PAMP HOUSE SHOP COMPLEX, CHIKKABALLAPURA ROAD, SHOP NO.1 TO THE P-1 COPY OF WHICH IS PRODUCED AS PER ANNX-Z AND ETC., IN WP NO. 8887/2020 BETWEEN:
1. SHRI.V.RAJU S/O KRISHNAPPA, AGE 45 YEARS, OCC SALON, R/O .NEW SHOP NO.4, (OLD SHOP NO.3), TMC OLD BUS STAND SHOPS, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, PIN CODE-562135. 2. SHRI.KISHORE RAJU S/O M.JAYARAM, AGE 50 YEARS, OCC SALON,
- 5 -
HC-KAR NC: 2025:KHC:28278 WP No. 16588 of 2022 C/W WP No. 8887 of 2020 WP No. 9396 of 2020 R/O SHOP NO.3 TMC SANTE MAIDANA SHOPS, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, PIN CODE-562135. 3. SHRI.M.KUMAR S/O C.MUNIKRISHNAPPA, AGED 37 YEARS, OCC SALON, R/O SHOP NO.9, TMC SANTE MAIDANA SHOPS, AND SHOP NO.9, TMC OLD BUS STAND SHOPS, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, PIN CODE-562135. 4. SHRI.N.LOKESH S/O T.V.NARAYANASWAMY, AGE 32 YEARS, OCC OLD ELECTRICAL REPAIRS, R/O SHOP NO.1, TMC SANTE MAIDANA SHOPS, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, PIN CODE-562135. 5. SHRI B.MANJUNATHA S/O BASAPPA, AGE 55 YEARS, OCC AUTO MOBILES, R/O SHOP NO.2, TMC SANTE MAIDANA SHOPS, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, PIN CODE-562135. ...PETITIONERS (BY SRI. MUNIRAJU V, ADVOCATE) AND:
- 6 -
HC-KAR NC: 2025:KHC:28278 WP No. 16588 of 2022 C/W WP No. 8887 of 2020 WP No. 9396 of 2020
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001. 2.
THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, MINI VIDHANA SOUDHA, CHAPPARAKALLU, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, PIN CODE-562101. 3. THE ASSISTANT COMMISSIONER AND THE ADMINISTRATOR OFFICER OF VIJAYAPURA TOWN MUNICIPAL COUNCIL, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA TALUK OFFICE, BENGALURU RURAL DISTRICT, PIN CODE-561203. 4. THE CHIEF OFFICER VIJAYAPURA TOWN MUNICIPAL COUNCIL, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. PIN CODE-562135. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, ADV., FOR R1 TO R3;
SRI VASANTH FERNANDEZ, ADV., FOR SMT. VEENAKUMAR, ADV., FOR F4) THIS WP IS FILED ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED PAMPHLET FOR SHOPS TENDER CUM PUBLIC AUCTION DATED 01/07/2020 ISSUED BY THE RESPONDENT NOS.3 AND 4 IN NO. PUVI/KAM.SHA/HARAJU/CR/01/2019-20,
- 7 -
HC-KAR NC: 2025:KHC:28278 WP No. 16588 of 2022 C/W WP No. 8887 of 2020 WP No. 9396 of 2020 SCHEDULE UNDER OLD BUS STAND SHOPS AREA NEW SHOP NO.4 (OLD SHOP NO.3) TO THE PETITIONER NO.1, COPY OF WHICH IS PRODUCED AS PER ANNEXURE-Z AND ETC., IN WP NO. 9396/2020 BETWEEN:
1. SRI B NANDEESH S/O BHOJARAJ AGE 32 YEARS, OCC HOTEL BUSINESS R/O NEAR AMBEDKAR BHAVAN PRASHANTHNAGAR DEVANAHALLI TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110 ...PETITIONER (BY SRI. MUNIRAJU V.,ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, MINI VIDHANA SOUDHA, CHAPPARAKALLU DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 101. 3. THE ASSISTANT COMMISSIONER AND THE ADMINISTRATOR OFFICER OF
- 8 -
HC-KAR NC: 2025:KHC:28278 WP No. 16588 of 2022 C/W WP No. 8887 of 2020 WP No. 9396 of 2020 VIJAYAPURA TOWN MUNICIPAL COUNCIL DODDABALLAPURA SUB DIVISION, DODDABALLAPURA TALUK OFFICE BENGALURU RURAL DISTRICT - 561203. 4. THE CHIEF OFFICER VIJAYAPURA TOWN MUNICIPAL COUNCIL, VIJAYAPURA TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 135. ...RESPONDENTS (BY SRI.
MOHAMMED JAFFAR SHAH, ADV., FOR R1 TO R3;
SRI VASANTH FERNANDEZ, ADV., FOR SMT. VEENAKUMAR, ADV., FOR F4) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED PAMPHLET OF TENDER CUM PUBLIC AUCTION FOR HOTEL BUILDING DATED 01.07.2020 ISSUED BY THE R-3 AND 4 SCHEDULE UNDER HOTEL BUILDING TO THE PETITIONER, COPY OF WHICH IS PRODUCED AS PER ANNEXURE - L AND ETC.,
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM:
HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER In W.P.No.9396/2020, the petitioner has called in question the validity of the tender-cum-auction notification at
- 9 -
HC-KAR NC: 2025:KHC:28278 WP No. 16588 of 2022 C/W WP No. 8887 of 2020 WP No. 9396 of 2020 Annexure L dated 01.07.2020. The said notification relates to auctioning of occupancy rights regarding shops belonging to the municipal authorities. WP No.16588/2022 has been filed challenging the tender cum public auction at Annexure 'Z' an identical notification issued on 01.07.2022 while in W.P.No.8887/2020, the petitioner has called in question the correctness of the notification dated 01.07.2020 at Annexure 'Z'. 2. In all these matters, the petitioners contend that they are occupants and beneficiaries of rental agreements. Various contentions have been raised regarding the illegality of auction by the respondents while contending that the question of issuing notifications would not have arisen unless vacant possession was available with the municipal authority regarding the shops, occupancy rights of which were sought to be made subject matter of the tender notification. 3. It is noticed that the petitioners possession has been permitted by the interim orders passed. Learned counsel Vasanth Fernandez appearing on behalf of Smt. Veenakumari, advocate for the municipal authority submits that the auction
- 10 -
HC-KAR NC: 2025:KHC:28278 WP No. 16588 of 2022 C/W WP No. 8887 of 2020 WP No. 9396 of 2020 notifications were not effectuated due to interim orders passed.
In light of the same the present petitions are disposed of as not calling for adjudication. All contentions of petitioner side are kept open. It is open for the respondents to take appropriate action relating to recovery of possession as is permissible in law. Accordingly, the petitions are disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE YKL List No.: 1 Sl No.: 23