Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:13840 WP No. 6553 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.6553 OF 2026 (LB-RES)
BETWEEN:
1.
SMT. VANAJAKSHI W/O. SURESH, AGED ABOUT 45 YEARS, RESIDING AT THIPASANDRA VILLAGE, MAGADI TALUK, BANGALORE SOUTH DISTRICT-562 131.
2.
SRI PRAKASH N S/O. NINGACHAR T.K., AGED ABOUT 47 YEARS, RESIDING AT KOTE BEEDI, THIPPASANDRA VILLAGE, MAGADI TALUK, BANGALORE SOUTH DISTRICT-562 131.
3.
SMT. KAVITHA W/O. MAHESH T.N., AGED ABOUT 43 YEARS, RESIDING AT THIPPASANDRA VILLAGE, MAGADI TALUK, BANGALORE SOUTH DISTRICT-562 131.
4.
SRI. RAMAKRISHNA S/O. VENKATESH T.V.
AGED ABOUT 50 YEARS, RESIDING AT THIPPASNADRA VILLAGE, MAGADI TALUK,
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:13840 WP No. 6553 of 2026
BANGALORE SOUTH DISTRICT-562 131.
5.
SRI. S.R. KANTHARAJU S/O. SOMASHEKARA, AGED ABOUT 46 YEARS, RESIDING AT THIPASANDRA VILLAGE, MAGADI TALUK, BANGALORE SOUTH DISTRICT-562 131.
…PETITIONERS (BY SRI. P.M. GOPI, ADVOCATE FOR SRI. P.M.SIDDAMALLAPPA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL CORPORATION AND LOCAL BODIES, M.S. BUILDING, BANGALORE-560 001.
2.
THE PANCHAYATH DEVELOPMENT OFFICER GRAM PANCHAYATH, THIPPASANDRA VILLAGE, MAGADI TALUK, BANGALORE RURAL DISTRICT-562 131.
…RESPONDENTS (BY SMT. SPOORTHI V., HCGP. FOR R.1;
SRI. M.S. DEVARAJU, ADVOCATE FOR R.2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE OFFICIAL MEMORANDUM (NOTICE) DATED 11.02.2026, ISSUED BY THE RESPONDENT NO.2 AS PER ANNEXURE-E1 TO E, ETC.
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HC-KAR NC: 2026:KHC:13840 WP No. 6553 of 2026
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
1. Petitioners were allotted shops owned by respondent No.2- Panchayath. Even after the term was over, it was extended from time to time. However, after the term of the license/lease of the shops in favour of the petitioners expired in December 2025, the Panchayath has taken a decision to auction the said shops. Aggrieved by the same, the present writ petition is filed.
2. The petitioners are relying upon an earlier resolution passed by the Panchayath, wherein it was resolved to extend the license/lease of the petitioners in respect of the shops concerned by enhancing the rent. However, it is admitted that the term of the license/lease in respect of the shops given to the petitioners has presently come to an end. Admittedly, the petitioners are not having any vested right in respect of the shops. Infact, there is a duty cast upon respondent no.2 -
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HC-KAR NC: 2026:KHC:13840 WP No. 6553 of 2026
Panchayath to endeavour to get the highest possible license fee / rent when the shops are leased in favour of the third parties. They should desist from extending the term of license or lease in favour of the earlier license holders or lessees, as the case may be.
3.
Learned counsel for respondent no.2 fairly submits that the petitioners are at liberty to participate in the auction that is going to be conducted in respect of the said shops, provided the previous license fee/rents are cleared by the petitioners. He further submits that the petitioners would be vacated only after a fresh auction of the shops is conducted and a new person is chosen to occupy the said shops. Hence the following:-
ORDER i. The writ petition is dismissed. ii. However, the petitioners are permitted to continue to occupy the shops under the license/lease in their favour by respondent no.2 till the completion of the auction process in respect of the said shops.
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HC-KAR NC: 2026:KHC:13840 WP No. 6553 of 2026
iii. The petitioners shall not make any attempt to resist eviction from the shops the moment the auction process is completed and a new person is chosen to be allotted to the said shops. iv. The petitioners can participate in the upcoming auction only upon clearing all the rental dues or license fee payable to respondent no.2.
Sd/- (M.I.ARUN) JUDGE
VMB List No.: 1 Sl No.: 50