- 1 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT APPEAL NO. 100651 OF 2024 (LB-RES) C/W WRIT APPEAL NO. 100652 OF 2024 WRIT APPEAL NO. 100653 OF 2024 IN WA NO.100651/2024 BETWEEN: 1. LUKKANASA S/O. TUKARAMSA RAJOLI AGE: 63 YEARS, OCC: BUSINESS R/O. SHOP NO.1, MUNICIPAL COMPLEX, NEAR OLD BUS-STAND, GADAG-582 101. 2. GURUPRASAD S/O. SIDDALINGAYYA CHANNALLIMATH, AGE: 25 YEARS, OCC: BUSINESS, R/O. SHOP NO.2, MUNICIPAL COMPLEX, NEAR OLD BUS-STAND, GADAG-582 101. …APPELLANTS (BY SRI S.S. BETTURMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.02 15:25:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU-560 001. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION 9TH FLOOR, VISHWESHWARAIH TOWER, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 3. ADMINISTRATIVE OFFICER CITY MUNICIPAL COUNCIL GADAG AND THE DEPUTY COMMISSIONER, GADAG DISTRICT, GADAG-582 101. 4. CITY MUNICIPAL COUNCIL GADAG, DIST: GADAG-582 101, BY ITS CHIEF OFFICER. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 AND R2; NOTICE SERVED TO R3 AND R4) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 01/08/2024 PASSED IN WP NO.103942/2021 (LB-RES) AND ALLOW THE WRIT PETITION AS PRAYED AND ANY OTHER SUITABLE ORDERS OR DIRECTIONS WHICH THE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF CASE MAY KINDLY BE GRANTED IN FAVOUR OF THIS APPELLANT ALONG WITH COSTS THROUGHOUT. IN WA 100652/2024 BETWEEN: 1. KRISHNASA S/O. CHANDRAKANTASA BAKALE AGE: 68 YEARS OCC: BUSINESS(SHOP NO.6) R/O. K.C. RANI ROAD, ADJOINED TO MARATHA SCHOOL, GADAG-582101. 2. ANJANEYA S/O. BHEEMAPPA MADIWALAR AGE: 43 YEARS, OCC: BUSINESS (SHOP NO.3) - 3 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 R/O. K.C. RANI ROAD, ADJOINED TO MARATHA SCHOOL, TQ & DIST: GADAG-582101. 3. GOUSEMODDIN S/O. MEERSAB SHIRAHATTI AGE: 65 YEARS, OCC: BUSINESS (SHOP NO. 4) R/O. K.C. RANI ROAD, ADJOINED TO MARATHA SCHOOL, GADAG-582101. 4. ANJANEYA S/O. TIMMAPPA HUBBALLI AGE: 65 YEARS, OCC: BUSINESS,(SHOP NO.1) R/O. K.C. RANI ROAD, ADJOINED TO MARATHA SCHOOL, GADAG-582101. 5. SHANKRAPPA S/O. TIMMAPPA HUBBALLI AGE: 67, OCC: BUSINESS,(SHOP NO.2) R/O. K.C. RANI ROAD, ADJOINED TO MARATHA SCHOOL, GADAG-582101. 6. SMT. BASAVANNEVVA W/O. CHANDRASHEKHAR BOODIHAL AGE: 50 YEARS, OCC: BUSINESS ( SHOP NO. 5) R/O. K.C. RANI ROAD, ADJOINED TO MARATHA SCHOOL, GADAG-582101. 7. SMT. NEELAVVA W/O. BASAVARAJ BOODIHAL AGE: 46 YEARS, COC: BUSINESS(SHOP NO.5) R/O. K.C. RANI ROAD, ADJOINED TO MARATHA SCHOOL, GADAG-582101. …APPELLANTS (BY SRI S.S. BETTURMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU – 560001. - 4 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 2. THE DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION 9TH FLOOR & 10TH FLOOR, VISHVESHWARIAH TOWER, DR. B.R. AMBEDKAR VEEDHI, BENGALURU -560001. 3. ADMINISTRATIVE OFFICER CITY MUNICIPAL COUNCIL GADAG, & THE DEPUTY COMMISSIONER, GADAG DISTRICT, GADAG-582 101. 4. CITY MUNICIPAL COUNCIL GADAG, DIST: GADAG-582 101, BY ITS CHIEF OFFICER. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 AND R2; NOTICE SERVED TO R3 AND R4) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 01/08/2024 PASSED IN WP NO.104058/2021 (LB-RES) AND ALLOW THE WRIT PETITION AS PRAYED AND ANY OTHER SUITABLE ORDERS OR DIRECTIONS WHICH THE HON BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF CASE MAY KINDLY BE GRANTED IN FAVOUR OF THIS APPELLANT ALONG WITH COSTS THROUGHOUT. IN WA NO.100653/2024 BETWEEN: 1 LAKSHMANSA ARJUNSA KALBURGI AGE: 55 YEARS, OCC.: BUSINESS (SHOP NO.1), R/O. OLD SARAF BAZAR, TQ: AND DIST: GADAG – 582101. - 5 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 2 PARANNA RACHAPPA MUNAVALLI AGE: 57 YEARS, OCC.: BUSINESS (SHOP NO.2), R/O. VIBHUTI ONI, TQ: AND DIST: GADAG – 582101. 3 SHIVALINGASWAMY SHREEKARASWAMY GURUSWAMIMATH AGE: MAJOR, OCC.: BUSINESS (SHOP NO.3), R/O. NALWAD ONI, TQ: AND DIST: GADAG – 582101. 4 GANAPATI NAGESH PALANKAR AGE: 77 YEARS, OCC.: BUSINESS (SHOP NO.4), R/O. PITRUKUNJA, HUBBALLI ROAD, TQ: AND DIST: GADAG – 582101. 5 SHIVAYYA RACHAYYA NALATWADMATH AGE: 71 YEARS, OCC: BUSINESS (SHOP NO.5), R/O. VIBHUTI ONI, TQ: AND DIST: GADAG – 582101. 6 ABDULKHADAR JEELINA BASHEERAHMED KHAZI AGE: 81 YEARS, OCC: BUSINESS (SHOP NO.6), R/O. DASARA ONI, TQ: AND DIST: GADAG – 582101. 7 RAJENDRASA MOHALALSA KHATWATE AGE: 57 YEARS, OCC: BUSINESS (SHOP NO. 7 AND 8), R/O. HUDCO COLONY, TQ: AND DIST: GADAG – 582101. 8 HANUMANTHAPPA SHIRIYAPPA METI AGE: 53 YEARS, OCC: BUSINESS (SHOP NO.9), R/O. KUSHTAGI CHAWL, BETAGERI, TQ: AND DIST: GADAG – 582101. 9 GOPAL VENKATESH JANTLI AGE: 50 YEARS, OCC.: BUSINESS (SHOP NO.10), R/O. VAKKALAGERI ONI, NEAR DYAMAVVANA KATTI, TQ: AND DIST: GADAG – 582101. - 6 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 10 MANJUNATH CHANDRASHEKHARAYYA HIREMATH AGE: 53 YEARS, OCC.: BUSINESS (SHOP NO.11), R/O. RADHAKRISHNA NAGAR, LIG 262, NEAR SPARSHA HOSPITAL, TQ: AND DIST: GADAG – 582101. 11 BABASAB MAHAMMEDSAB TAHSILDAR AGE: 49 YEARS, OCC: BUSINESS (SHOP NO. 12) R/O. HOMBAL NAKA, JANATA COLONY, I CROSS, TQ: AND DIST: GADAG – 582101. 12 BASAVARAJ RACHAPPA MANVI AGE: 80 YEARS, OCC: BUSINESS (SHOP NO.13) R/O.NEAR RACHOTESHWARA TEMPLE, BEHIND VAKKALAGERI ONI, TQ: AND DIST: GADAG – 582101. 13 SMT. YALLAVVA MUDAKAPPA MADDI AGE: 83 YEARS, OCC.: BUSINESS (SHOP NO. 14) R/O. NEAR JOD MARUTI TEMPLE , KILLA ONI, TQ: AND DIST: GADAG – 582101. 14 SHABBIRSAB MOHAMMEDSAB TAHSILDAR AGE: 42 YEARS, OCC.: BUSINESS (SHOP NO. 16) R/O. R/O. HOMBAL NAKA, JANATA COLONY, I CROSS, TQ: AND DIST: GADAG – 582101. 15 SHABBIRAHMED GAFARSAB KOPPAL AGE: 38 YEARS, OCC.: BUSINESS (SHOP NO. 17) R/O. MALDAR ONI BETAGERI, TQ: AND DIST: GADAG – 582102. 16 HASSANSAB RAJESAB BETAGERI AGE: 71 YEARS, OCC.: BUSINESS (SHOP NO. 18) R/O. KURAHATTIPETE, NEAR SWEET WATER WELL, TQ: AND DIST: GADAG – 582101. - 7 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 17 CHETAN PANDURANGSA IRKAL AGE: 31 YEARS, OCC: BUSINESS (SHOP NO. 19) R/O. GANGAPUR PET, NEAR DURGADEVI TEMPLE, TQ: AND DIST: GADAG – 582101. 18 PANDURANGSA VENKOSA IRKAL AGE: 68 YEARS, OCC.: BUSINESS (SHOP NO. 20) R/O. GANGAPUR PET, NEAR DURGADEVI TEMPLE, TQ: AND DIST: GADAG – 582101. 19 SHIVAKUMAR VEERANNA MUNDARAGI AGE: 47 YEARS, OCC: BUSINESS (SHOP NO.21) R/O. NEAR SOMESHWAR TEMPLE, TQ: AND DIST: GADAG – 582101. 20 SUBHASH SHIVAMURTHEPPA LAKKUNDI AGE: 63 YEARS, OCC.: BUSINESS (SHOP NO. 22) R/. JAWALI GALLI, BEHIND MASUTI, TQ: AND DIST: GADAG – 582101. 21 NAGESH KASHINATH HANJIGI AGE: 48 YEARS, OCC: BUSINESS (SHOP NO. 23) R/O. BEHIND AYURVEDIC COLLEGE, KALASAPUR ROAD, TQ: AND DIST: GADAG – 582101. 22 AZADSAB GOUSUSAB SHIRATTI AGE: 61 YEARS, OCC.: BUSINESS (SHOP NO. 24) R/O. HUDCO COLONY, 3RD CROSS GADAG, TQ: AND DIST: GADAG – 582101. 23 RIHAN MOHAMMED RAFIQ KATAPUR AGE: 25 YEARS, OCC: BUSINESS (SHOP NO. 25 AND 49) R/O. KALAPUR ROAD, TQ: AND DIST: GADAG – 582101. 24 ABDUL GAHNI ABDUL KAHADARSAB SHIRATTI AGE: 73 YEARS, OCC: BUSINESS (SHOP NO.26) R/O. TAJU NAGAR, PLOT NO.9, - 8 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 NEAR AMAR SWIMMING POOL, TQ: AND DIST: GADAG – 582101. 25 SALEEM SULEIMAN DALAYAT AGE: 61 YEARS, OCC: BUSINESS (SHOP NO. 27) R/O. BANKERS’ COLONY, NEAR J.C. SCHOOL, TQ: AND DIST: GADAG – 582101. 26 SANTOSH ASHOK GADAD AGE: 42 YEARS, OCC: BUSINESS (SHOP NO. 28) R/O. BEHIND VENKATESH TALKIES, TQ: AND DIST: GADAG – 58210. 27 PANDURANGSA VITTHALSA NAKOD AGE: 58 YEARS, OCC: BUSINESS (SHOP NO. 29) R/O. KALAPUR ROAD, NEAR BAIL ANJANEYA DEVASTHANA, TQ: AND DIST: GADAG – 582101. 28 BHIMSENSA VISHWANATHSA PAWAR AGE: 63 YEARS, OCC: BUSINESS (SHOP NO. 30) R/O. IRANI COLONY, TQ: AND DIST: GADAG – 582101. 29 KRISHNASA VISHWANATHSA PAWAR AGE: 69 YEARS, OCC.: BUSINESS (SHOP NO. 31) R/O. IRANI COLONY, P & T QUARTERS, TQ: AND DIST: GADAG – 582101. 30 DASTAGIRSAB CHAMANSAB SHIRATTI AGE: 68 YEARS, OCC: BUSINESS (SHOP NO. 32) R/O. KAGADGERI ONI, TQ: AND DIST: GADAG – 582101. 31 MAJUNATH IRANNA LAKKUNDI AGE: 41 YEARS, OCC: BUSINESS (SHOP NO. 33) R/O. NALAWADADAVARA ONI, TQ: AND DIST: GADAG – 582101. 32 MOHAMMEDASLAM BASHEERAHMED KHAZI AGE: 43 YEARS, OCC: BUSINESS (SHOP NO. 34) - 9 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 R/O. DASAR ONI, TQ: AND DIST: GADAG – 582101. 33 VINAYAK CHANNABASAPPA LAKKUNDI AGE: 45 YEARS, OCC: BUSINESS (SHOP NO.35) R/O. NEAR STADIUM, TQ: AND DIST: GADAG – 582101. 34 SMT. RENUKA BASAVARAJ LAKKUNDI AGE: MAJOR, OCC: BUSINESS (SHOP NO. 36) R/O. GANDHINAGAR, TQ: AND DIST: GADAG – 582101. 35 MURALIDHARSA NAGENDRASA HABIB AGE: 53 YEARS, OCC.: BUSINESS (SHOP NO. 37) R/O. NEAR JOD MARUTI TEMPLE, KILLA ONI, TQ: AND DIST: GADAG – 582101. 36 MEHABOOBSAB RAJESAB IRKAL AGE: 53 YEARS, OCC: BUSINESS (SHOP NO. 38) R/O. TAJ NAGAR, TQ: AND DIST: GADAG – 582101. 37 ABDULKAREEMSAB SHEIKHABDUL KARUR AGE: 69 YEARS, OCC.: BUSINESS (SHOP NO. 39) R/O. JANATA PLOT, HOMBAL, TQ: AND DIST: GADAG – 582101. 38 BASAVARAJ VEERABHADRAPPA KAGALAGOMBA AGE: 45 YEARS, OCC.: BUSINESS (SHOP NO. 40 AND 84) R/O. KALASAPUR ROAD, NEAR BAIL ANJANEYA TEMPLE, TQ: AND DIST: GADAG – 582101. 39 MANJUNATH VARANATHSA PAWAR AGE: 41 YEARS, OCC: BUSINESS (SHOP NO. 41) R/O. KURAHATTI PETE, NEAR SWEET WATER WELL, TQ: AND DIST: GADAG – 582101. - 10 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 40 RAMESH SHANTAVEERAPPA ABBIGERI, AGE: 49 YEARS, OCC.: BUSINESS (SHOP NO.42) R/O. TAGORE ROAD, OPPOSITE RENUKA HOSPITAL, TQ: AND DIST: GADAG – 582101. 41 YALLOSA NAGENDRASA HABIB AGE: 58 YEARS, OCC: BUSINESS (SHOP NO. 43) R/O. NEAR JOD MARUTI TEMPLE, KILLA ONI, TQ: AND DIST: GADAG – 582101. 42 VENKATESH RAGHVENDRARAO KULKARNI AGE: 57 YEARS, OCC: BUSINESS (SHOP NO. 44 & 47) R/O. K.C. RANI ROAD, 9TH CROSS, TQ: AND DIST: GADAG – 582101. 43 SHIRKANT VITTAPPA KENCHANAGUDDA AGE: 53 YEARS, OCC: BUSINESS (SHOP NO. 45) R/O. NEAR SHASTRI SCHOOL, VAKKALAGERI ONI, TQ: AND DIST: GADAG – 582101. 44 MEHABOOBSAB GOUSUSAB SHIRATTI AGE: 63 YEARS, OCC: BUSINESS (SHOP NO. 46) R/O. HUDCO COLONY, TQ: AND DIST: GADAG – 582101. 45 GANAPATI YALLAPPA PATAGE AGE: 69 YEARS, OCC: BUSINESS (SHOP NO.48) R/O. ALABUR GALLI TQ: AND DIST: GADAG – 582101. 46 NAGAPPA TIMMAPPA HUBBALLI AGE: 69 YEARS, OCC.: BUSINESS (SHOP NO. 50 AND 86) R/O. GANGIMADI ROAD, TQ: AND DIST: GADAG – 582101. 47 SMT. PARVATI IRAPPA KITTUR AGE: 53 YEARS, OCC: BUSINESS (SHOP NO. 51) R/O. NEAR MAHENDRAKAR CIRCLE, TQ: AND DIST: GADAG – 582101. - 11 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 48 SANDEEP MOTILAL PUNGALIA AGE: 45 YEARS, OCC: BUSINESS (SHOP NO. 52, 53 AND 54) R/O. KUSHTAGI CHAWL, BETAGERI, TQ: AND DIST: GADAG – 582101. 49 PRAMOD GANAPATSA BEVINKATTI AGE: 53 YEARS, OCC: BUSINESS (SHOP NO. 55) R/O. BEVIKATTI ONI, NEAR OLD BUS STAND, TQ: AND DIST: GADAG – 582101. 50 SMT. SHEVANTA SURESHKUMAR BADI AGE: MAJOR, OCC: BUSINESS (SHOP NO. 56) R/O. NEAR JOD MARUTI TEMPLE, TQ: AND DIST: GADAG – 582101. 51 PRALHAD VENKANNA MUNDARAGI AGE: MAJOR, OCC: BUSINESS (SHOP NO. 57) R/O. VNT ROAD, TQ: AND DIST: GADAG – 582101. 52 PRAVEENKUMAR CHANNABASAPPA JIGAJINNI AGE: 43 YEARS, OCC: BUSINESS (SHOP NO. 58) R/O. NALWADADAVAR ONI, TQ: AND DIST: GADAG – 582101. 53 SHYAM HANAMANTHSA BAKALE AGE: 43 YEARS, OCC: BUSINESS (SHOP NO. 59) R/O. NALWADADAVAR ONI, KHANTOT, TQ: AND DIST: GADAG – 582101. 54 ISHWARAPPA GURUPADAPPA JIGAJINNI AGE: 57 YEARS, OCC.: BUSINESS (SHOP NO. 60) R/O. NALWADADAVAR ONI, KHANTOT, TQ: AND DIST: GADAG – 582101. 55 SHRISHAILAPPA ISHWARAPPA PATTANASHETTI AGE: 66 YEARS, OCC: BUSINESS (SHOP NO. 61) R/O. NEAR RACHOTESHWAR TEMPLE, TQ: AND DIST: GADAG – 582101. - 12 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 56 SHRIDHARGOUDA ANDANAGOUDA DHARMAYAT AGE: 50 YEARS, OCC: BUSINESS (SHOP NO. 62) R/O. VAKIL CHAWL, TQ: AND DIST: GADAG – 582101. 57 GURUNATHSA LAKSHMANSA HABIB AGE: 53 YEARS, OCC: BUSINESS (SHOP NO. 63) R/O. NEAR JOD MARUTI TEMPLE, TQ: AND DIST: GADAG – 582101. 58 RAJESH KENOSA HABIB AGE: 38 YEARS, OCC.: BUSINESS (SHOP NO. 64) R/O. NEAR JOD MARUTI TEMPLE, KILLA ONI, TQ: AND DIST: GADAG – 582101. 59 SURESH SHANTAVEERAPPA ABBIGERI AGE: 55 YEARS, OCC: BUSINESS (SHOP NO. 65) R/O. OLD SARAF BAZAR, TQ: AND DIST: GADAG – 582101. 60 GANESH EKNATHSA PAWAR AGE: 43 YEARS, OCC: BUSINESS (SHOP NO. 66) R/O. KURAHATTIPETE, NEAR SWEET WATER WELL, BETAGERI, TQ: AND DIST: GADAG – 582101. 61 MANJUNATH SHANKRAPPA SUGANDHI AGE: 56 YEARS, OCC: BUSINESS (SHOP NO. 67) R/O. NEAR NEELAMMA ASHRAM, ADARSH NAGAR, TQ: AND DIST: GADAG – 582101. 62 MAHOMMED SHAHBAD USMANSAB ATTAR AGE: 31 YEARS, OCC: BUSINESS (SHOP NO. 68) R/O. JAWALI GALLI, NEAR MAJID, TQ: AND DIST: GADAG – 582101. 63 ISHWARAYYA SANGANABASAYYA HIREMATH AGE: 60 YEARS, OCC: BUSINESS (SHOP NO. 69), R/O. VIBHUTI ONI, TQ: AND DIST: GADAG – 582101. 64 SHAMBHULING VIRUPAXAPPA KALLUR AGE: 46 YEARS, OCC: BUSINESS (SHOP NO.70) R/O. KEERTI NILAYA, 158/12/B, ADARSH NAGAR, - 13 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 TQ: AND DIST: GADAG – 582101. 65 PANDUSA SUBBANNASA BAKALE AGE: 58 YEARS, OCC: BUSINESS (SHOP NO.71) R/O. BANKERS’ COLONY, TQ: AND DIST: GADAG – 582101. 66 SHARANAPPA KALYANAPPA HANAMASAGAR AGE: 64 YEARS, OCC: BUSINESS (SHOP NO. 72) R/O. NARIBHAVI ONI, TQ: AND DIST: GADAG – 582101. 67 MOHANSA NAGENDRASA HABIB AGE: 45 YEARS, OCC: BUSINESS (SHOP NO. 73) R/O. NEAR JOD MARUTI TEMPLE, TQ: AND DIST: GADAG – 582101. 68 KUMAR HAMPOSA BADI AGE: 59 YEARS, OCC: BUSINESS (SHOP NO. 74) R/O. KILLA, NEAR JOD MARUTI TEMPLE, TQ: AND DIST: GADAG – 582101. 69 KRISHNASA NAGENDRASA HABIB AGE: 48 YEARS, OCC: BUSINESS (SHOP NO. 75) R/O. NEAR JOD MARUTI TEMPLE, TQ: AND DIST: GADAG – 582101. 70 MAHOOMED SADIQ MAHOMMED HUSSAIN ATTAR AGE: 40 YEARS, OCC: BUSINESS (SHOP NO. 76) R/O. JAWALI GALLI, NEAR MASUTI, TQ: AND DIST: GADAG – 582101. 71 MURALI KRISHNASA KHODE AGE: 58 YEARS, OCC: BUSINESS (SHOP NO.77) R/O. KILLA, CHANDARSALI, TQ: AND DIST: GADAG – 582101. 72 SHARANAPPA SANNAPPA KASHEPPANAVAR AGE: MAJOR, OCC: BUSINESS (SHOP NO.79) R/O. NEAR PANCHARAHONDA, 1 NUMBER GOVT. SCHOOL - 14 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 TQ: AND DIST: GADAG – 582101. 73 MAHOMMED MUSTAFA ABDULRAHAMANSAB KUNNIBHAVI AGE: 48 YEARS, OCC: BUSINESS (SHOP NO. 81) R/O. NEAR HANUMANAGARADI ONI, VNT ROAD, TQ: AND DIST: GADAG – 582101. 74 MAHOMMED SADIQ PEERSAB KITTUR AGE: 29 YEARS, OCC: BUSINESS (SHOP NO.82) R/O. GANGIMADI, H.NO. 1653, TQ: AND DIST: GADAG – 582101. 75 PANCHAKSHARAYYA VEERABASAYYA BIKSHAVATIMATH AGE: 70 YEARS, OCC: BUSINESS (SHOP NO. 83) R/O. ADARSH NAGAR, KALASPUR ROAD, TQ: AND DIST: GADAG – 582101. 76 JAGANNATHSA VITTTHALSA BHANDAGE AGE: 71 YEARS, OCC: BUSINESS (SHOP NO. 85) R/O. VEERESHWAR NAGAR, MULGUND ROAD, I CROSS TQ: AND DIST: GADAG – 582101. 77 VEERAPPA CHANNAVEERAPPA LAKKUNDI AGE: 71 YEARS, OCC: BUSINESS (SHOP NO. 86) R/O. NALWADADAVAR ONI, TQ: AND DIST: GADAG – 582101. 78 SHAMSUSAB IMAMSAB PHANIBANDH AGE: MAJOR, OCC: BUSINESS (SHOP NO. 78) R/O. GANGIMADI, H. NO. 2005, TQ: AND DIST: GADAG – 582101. 79 SHABBIRAHMED NABISAB KAGADGAR AGE: MAJOR, OCC: BUSINESS (SHOP NO. 15) R/O. NANDEESHWAR NAGAR, TQ: AND DIST: GADAG – 582101. …APPELLANTS (BY SRI S.S. BETTURMATH, ADVOCATE) - 15 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 AND: 1. THE STATE OF KARNATAKA THROUGH PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU – 560001 2. THE DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION 9TH FLOOR & 10TH FLOOR, VISHVESHWARIAH TOWER, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. 3. THE COMMISSIONER, GADAG BETAGERI CITY MUNICIPAL COUNCIL, TQ: AND DIST: GADAG – 582101. 4. THE ADMINISTRATIVE OFFICER CUM DEPUTY COMMISSIONER, GADAG BETAGERI CITY MUNICIPAL COUNCIL, TQ: AND DIST: GADAG – 582101. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 AND R2; NOTICE SERVED TO R3 AND R4) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 01/08/2024 PASSED IN WP NO.103922/2021 (LB-RES) AND ALLOW THE WRIT PETITION AS PRAYED AND ANY OTHER SUITABLE ORDERS OR DIRECTIONS WHICH THE HON BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF CASE MAY KINDLY BE GRANTED IN FAVOUR OF THIS APPELLANT ALONG WITH COSTS THROUGHOUT. THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 16 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) In the above appeals as the common question would arise for consideration, all the three appeals are heard together and disposed of by this common judgment. 2. Heard learned counsel, Sri S.S.Beturmath for appellants and learned Additional Government Advocate, Sri Sharad V Magadum for respondent-State. Perused the entire writ appeal papers. 3. The parties to the appeals would be referred to as they stood before the writ court. 4. The petitioners are before this Court praying to quash notification at Annexure-B dated 30.09.2021, whereunder bids were invited for auctioning the commercial premises of the Gadag-Betageri, City Municipal Council. - 17 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 5. It is stated that the petitioners were in occupation of the shops allotted by the Municipal Authorities and without evicting them, the respondents could not have issued notification inviting bids for allotment of commercial shops. 6. The learned Single Judge under impugned order, rejected the request of the petitioners based on Government Order dated 19.07.2019, which regulates the allotment of commercial shops of the City Municipal Councils by prescribing procedure. 7. The petitioners are allotted shops for a specified period and subsequent to expiry of the said period, they have no right to continue in the shops allotted to them. 8. In the instant case, admittedly the period for which the shops were allotted to the petitioners/appellants had come to an end. Subsequently, the respondent authorities have taken action to invite fresh bids for allotment of commercial shops. - 18 - HC-KAR NC: 2025:KHC-D:16564-DB WA No. 100651 of 2024 C/W WA No. 100652 of 2024 WA No. 100653 of 2024 9. When the learned Single Judge has directed the authorities to follow the procedure prescribed under Government Order dated 19.07.2019 and also when the learned Single Judge has protected the interest of the petitioners/appellants at para No.5, we do not find any error or illegality in the order of the learned Single Judge. Para No.5 of the impugned order reads as follows: “5. It is made clear that unless and until the respondent-Corporation implements the new guidelines and proposes to issue fresh tender action in terms of the Karnataka Municipalities Act, the tenants of various stalls i.e. the petitioners herein and their shops shall not be dispossessed and an opportunity also to be given to shop owners before finalizing the tender by giving an option to them.” 10. There is no merit in writ appeals and accordingly stand rejected. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE SH CT-CMU LIST NO.: 1 SL NO.: 22