- 1 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9836 OF 2025 (LB-RES) C/W WRIT PETITION NO. 1922 OF 2025 (LB-RES) WRIT PETITION NO. 3848 OF 2025 (LB-RES) WRIT PETITION NO. 6840 OF 2025 (LB-RES) WRIT PETITION NO. 7207 OF 2025 (LB-BMP) WRIT PETITION NO. 7302 OF 2025 (LB-RES) WRIT PETITION NO. 11607 OF 2025 (LB-RES) IN WP No. 9836/2025 BETWEEN: 1. SRI C R NAGESH C/O C H RAMASWAMY AGED ABOUT 46 YEARS R/AT SRI VEERABHADRESHWARA 1ST MAIN, 4TH CROSS HIREMAGALURU VASATHI BADAVANE KALYANANAGAR JYOTHINAGARA CHIKKAMAGALURU-577 102 2. SRI B H GURURAJ S/O LATE H R HANUAMANTHA GUPTA AGED ABOUT 45 YEARS R/AT NO.15 VAISHYARABIDI BELURU HASSAN-573 115 3. SRI JAYARAMU B R CARE OF NAGASANDRA VENKATIAH RANGADAS AGED ABOUT 56 YEARS R/AT SHREE RANGA HOLE BEEDHI 1ST CROSS, BELURU TALUK HASSAN-573 115 4. SRI K R KUMAR S/O K V RAMASHETTY AGED ABOUT 54 YEARS R/AT GURAPPAGOWDA STRET BELURU HASSAN-573 115 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS 5. SRI B R GOPALA SHETTY C/O RANGASHETTY AGED ABOUT 69 YEARS, R/AT LAKSHMI RANGANATHA NILAYA KEMPEGIOWDA NAGAR, OPP VISHNE REGENCY BELURU TALUK HASSAN-573115 …PETITIONERS (BY SRI. T N VISWANATHA.,ADVOCATE) AND: 1. DEPUTY COMMISSIONER D C OFFICE BM ROAD HASAN DISTRICT-573 201 2. THE PROJECT DIRECTOR DISTRICT URBAN DEVELOPMENT CELL OFFICE OF THE DEPUTY COMMISSIONER B M ROAD HASSAN DISTRICT-573201 3. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL BELURU TOWN HASSAN DISTRICT-573 115 4. STATE OF KARNATAKA REP. BY ITS SECRETARY MUNICIPAL ADMINISTRATION AND DEVELPMENT DEPARTMENT , 4TH FLOOR VIKASA SOUDHA AMBEDKAR VEEDHI BENGALURU-560 001 …RESPONDENTS (BY SMT.PRATHIMA HONNAPURA., AAG A/W SRI. BOPPANNA BELLIYAPPA., AGA FOR R-4; SRI. A. NAGARAJAPPA., AGA FOR R-1 TO R-3; SRI.NANDISH PATIL., FOR IMPLEADING APPLICANT ON I.A 2/25) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED OFFICIAL MEMORANDUM DTD 14.03.2025, BEARING NO. MUNICI(2)/C.R/169/2023-24 ISSUED BY THE R-1 THROUGH THE OFFICE OF THE R-2 AT ANNX-A & ETC. - 3 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS IN WP NO. 1922/2025 BETWEEN: 1. SRI.SATHISH M.T. S/O THIMMEGOWDA AGED ABOUT 43 YEARS R/AT ANUGATTA KANGUPPE VILLAGE AREHALLI HOBLI BELUR TALUK HASSAN DISTRICT KARNATAKA 573101 2. SRI T O THOTAPPA S/O T D OMKARAPPA AGED ABOUT 46 YEARS R/AT THAGARAE VILLGE AND POST BELUR TALUK HASSAN DISTRICT KARNATAKA 573215 ...PETITIONERS (BY SRI. DHARMAPAL., ADVOCATE) AND: 1. STATE OF KARNATAKA REPT BY ITS SECRETARY MUNICIPAL SECRETARY MUNICPAL ADMINISTRATION 2 AND URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA DR AMBEDKAR VEEDHI BANGALORE 560 001 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN 573201 3. THE TOWN MUNCIPAL COUNCIL BELUR TOWN REPTD BY ITS CHIEF OFFICER HASSAN DISTRICT, HASSAN 573115 ...RESPONDENTS (BY SMT.PRATHIMA HONNAPURA., AAG A/W SRI.BOPPANNA BELLIYAPPA., AGA FOR R-1 & R-2 SRI.A.NAGARAJAPPA., ADVOCATE FOR R-3; SRI. KASHINATH J.D., FOR PROP. RES, ON IA 3/25) - 4 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE ORDER WRIT QUASHING THE CONDITIONS NO.29 AND 30 IN NOTIFICATION DATED 13.12.2024 IN PU.BE/KUM.VI(MISCELLENWOUS 02/2023-245 ISSUED BY THE 3RD RESPODENT PRODUCED AT ANNEXURE-A IN SO FAR AS PREVENTING THE PETITIONERS/PUBLIC FROM PARTICIPATING IN THE PUBLIC AUCTION TO BE HELD BY 3RD RESPONDENT ON 02.01.2025. IN WP.NO.3848/2025 BETWEEN: SRI HARISHA B C S/O CHENNEGOWDA S D AGED ABOUT 47 YEARS R/AT BELUR TALUK, HASSAN - 573101. ...PETITIONER (BY SRI. NANDISH PATIL.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPT. BY ITS SECRETARY MUNICIPAL, ADMINISTRATION - 2 AND URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201. 3. THE TOWN MUNICIPAL COUNCIL BELURU TOWN, REPT. BY ITS CHIEF OFFICER HASSAN DISTRICT,HASSAN - 573115 … RESPONDENTS (BY SMT.PRATHIMA HONNAPURA., AAG A/W SRI.BOPPANNA BELLIYAPPA., AGA FOR R-1 & R-2 SRI.A.NAGARAJAPPA., ADVOCATE FOR R-3) - 5 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE ORDER WRIT QUASHING THE CONDITIONS NO.29 AND 30 IN NOTIFICATION DATED 13.12.2024 IN PU.BE/KUM.VI(MISCELLENWOUS 02/2023-245 ISSUED BY THE 3RF RESPODENT PRODUCED AT ANNEXURE-A IN SO FAR AS PREVENTING THE PETITIONERS/PUBLIC FROM PARTICIPATING IN THE PUBLIC AUCTION TO BE HELD BY 3RD RESPONDENT ON 02.01.2025. IN WP.NO.6840/2025 BETWEEN: 1. SRI DHARMEGOWDA S/O. SRI. EREGOWDA, AGED ABOUT 52 YEARS, R/AT PRASADIHALLI VILLAGE, KASABA HOBLI, BELUR TALUK-573 115. HASSAN DISTRICT. 2. SRI. D.K. VENKATESH, S/O. LATE KRISHNAPPA, AGED ABOUT 65 YEARS, NO.54/440 PUMPHOUSE STREET BELUR TOWN-573 115. ...PETITIONERS (BY SRI. NAGARAJ D., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI BANGALORE-560 001. 2. DIRECTOR, DEPARTMENT OF MUNICIPAL ADMINISTRATION PHODIUM BLOCK, VISHVESHWARAYA TOWER VIDHANA VEEDHI, BANGALORE-560 001. 3. DEPUTY COMMISSIONER, HASSAN DISTRICT HASSAN-573 201. - 6 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS 4. PROJECT DIRECTOR, DISTRICT URBAN DEVELOPMENT CELL HASSAN-573 201. 5. TOWN MUNICIPAL COUNCIL, BY ITS CHIEF OFFICER, BELUR TOWN HASSAN DISTRICT HASSAN-573 115. ...RESPONDENTS (BY SMT.PRATHIMA HONNAPURA., AAG A/W SRI.BOPPANNA BELLIYAPPA., AGA FOR R1 TO R4 SRI.A.NAGARAJAPPA., ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION NOTIFICATION BEARING NO. PU.BE/KUM.V/MISCELLANEOUS/ 02/2023-24 DTD 13.12.2024 VIDE ANNX-A ISSUED BY THE R-5 TMCGRANT AN INTERIM ORDER TO PENDING DISPOSAL OF THE ABOVE WP TO STAY, STAYING THE OPERATION OF THE AUCTION NOTIFICATION BEARING NO. PU.BE/KUM.V/ MISCELLANEOUS/02/2023-24 DTD 13.12.2024 ISSUED BY THE R-5 TMC VIDE ANNX-A AND ALL FURTHER PROCEEDINGS PURSUANT THERETO. IN WP.NO.7207/2025 BETWEEN: 1. SRI SATHISH M T S/O THIMME GOWDA AGED ABOUT 43 YEARS R/AT ANUGATTA, KANAGUPPE VILLAGE AREHALLI HOBLI, BELUR TALUK HASSAN DISTRICT KARNATAKA -573 101 2. SRI. T.O THOTAPPA, S/O T.D OMKARAPPA, AGED ABOUT 46 YEARS R/AT THAGARE VILLAGE AND POST BELUR TALUK, HASSAN DISTRICT KARNATAKA -573 215 ...PETITIONERS (BY SRI. DHARMAPAL.,ADVOCATE) - 7 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS AND: 1. STATE OF KARNATAKA REP.BY ITS SECRETARY MUNICIPAL, ADMINISTRATION -2 AND, URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT HASSAN-573 201 3. THE TOWN MUNICIPAL COUNCIL, BELURU TOWN. REPT. BY ITS CHIEF OFFICER, HASSAN DISTRICT, HASSAN-573 115 4. THE PRESIDENT BELUR TALUK MUNICIPAL COUNCIL BELUR TOWN HASSAN DISTRICT- 573 115 … RESPODENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO CONSIDER THE REPRESENTATION DTD. 17.02.2025 SUBMITTED BY THE PETITIONERS BY SETTING ASIDE THE TENDER CALLED ON 02.01.2025 THROUGH E-PROCUREMENT ANNEXURE - H & J. IN WP.NO.7302/2025 BETWEEN: 1. SRI. THARANATH S M S/O MARIVENKATEGOWDA, AGED ABOUT 50 YEARS R/AT SANYASIHALLI VILLAGE KASABAHOBLI, BELUR TALUK HASSAN DISTRICT-573115. - 8 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS 2. SRI. SATISH G.R. S/O RAJAGOPAL GOWDA B.R. AGED ABOUT 60 YEARS, R/AT PUMP HOUSE ROAD BELUR TOWN, BELUR HASSAN DISTRICT-573 115. 3. SRI. VINAY KUMAR S.R. S/O S.M. RAJU AGED ABOUT 28 YEARS R/AT SANYASIHALLI VILLAGE, KASABAHOBLI BELUR TALUK HASSAN DISTRICT-573 115. 4. SRI. MOHAMED DAWOOD S/O MOHAMED HUSSAIN AGED ABOUT 50 YEARS R/AT NEHARUNAGARA, BELUR HASSAN DISTRICT-573 115. 5. SRI. GOPALA SHETTY S/O RANGASHETTY AGED ABOUT 69 YEARS, R/AT LAKSHMI RANGANATHA NILAYA, KEMPEGOWDA ROAD, OPP. VISHNU REGENCY, BELUR TOWN, BELUR TALUK, HASSAN DISTRICT-573115. 6. SRI. B.H. GURURAJ S/O LATE H.R. HANUMANTHA GUPTHA AGED ABOUT 45 YEARS, RESIDING AT NO. 15, VYSHYARABEEDHI, BELUR, BELUR TALUK, HASSAN DISTRICT-573115. 7. SRI. JAYARAMU.B.R. S/O NAGASANDRAVENKATIAHARANGADAS AGED ABOUT 56 YEARS, R/AT SRIRANGA HOLE BEEDHI, 1ST CROSS, NEAR EURO KIDS SCHOOL, BELUR TOWN, BELUR TALUK, HASSAN DISTRICT-573115. 8. SRI. K.R. KUMAR S/O K.V. RAMASHETTY - 9 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS AGED ABOUT 54 YEARS, RESIDING AT GURAPPA GOWDA STREET BELUR TOWN, BELUR TALUK, HASSAN DISTRICT-573 115. 9. SRI. MANIKANTA.K.P. S/O PUTTASWAMY AGED ABOUT 27 YEARS, RESIDING AT KODAGANAHALLI VILLAGE ANKIHALLI HASSAN DISTRICT-573 115. 10. SRI. C.R. NAGESH S/O C.H. RAMASWAMY AGED ABOUT 46 YEARS, R/AT SRI VEERABHADRESHWARANILAYA 1ST STAGE, 4TH CROSS HIREMAGALUR LAYOUT, KALYANA NAGAR, CHIKKAMAGALURU, CHIKKAMAGALURU DISTRICT-577102. … PETITIONERS (BY SRI. KASHINATH J D.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, 4TH FLOOR, VIKASASOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. REP. BY ITS SECRETARY (MUNICIPAL ADMINISTRATION-2) 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573 201. 3. THE TOWN MUNICIPAL COUNCIL BELURU TOWN, HASSAN DISTRICT, HASSAN-573115. REP. BY ITS CHIEF OFFICER … RESPONDENTS (SMT. PRATHIMA HONNAPURA, AAG A/W SRI.BOPPANNA BELLIYAPPA, AGA FOR R1 & 2; SRI.A.NAGARAJAPPA, ADV. FOR R3) - 10 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO EXTEND APPROVAL IN RESPONSE TO AUCTION OF SHOP PREMISES COMMUNICATED BY THE R-3 DTD 11.02.2025 VIDE BEARING NO. PU.BE/KAM.VI/MISCELLANEOUS/02/2023-24 AS PER ANNX-F, CONSEQUENTLY ALSO DIRECT THE R-3 TO EXECUTE THE LEASE DEED IN RESPECT OF THE SHOP PREMISES ALLOTTED TO PETITIONERS PURSUANT TO AUCTION ADVERTISEMENT DTD 13.12.2024 AS PER ANNX-C. IN WP.NO.11607/2025 BETWEEN: 1. SRI THARANATH S M S/O. MARIVENKATEGOWDA AGED ABOUT 48 YEARS KASABA HOBLI, BELUR TALUKU SANYASIHALLI, HASSAN KARNATAKA - 573 115. 2. SRI. VINAY KUMAR S. R. S/O. S M RAJU AGED ABOUT 26 YEARS BELUR, SANYASIHALLI, HASSAN KARNATAKA - 573 115. 3. SRI. SUMALATHA W/O. SANNEGOWDA AGED ABOUT 47 YEARS RIVER STREET, BELUR, HASSAN KARNATAKA 573 115. 4. SRI. AATHMARAM S/O. PRAKASH CHAND AGED ABOUT 38 YEARS TMC MAIN BUILDING MAIN ROAD PADHMAVATHI JEWELLERS, BELUR, HASSAN KARANTAKA 573 115. 5. SRI. SIDDESHA S/O. NANGEGOWDA, HOSA BADAVANE AGED ABOUT 50 YEARS, J SUTAPURA, CHILKUR POST, HASSAN KARNATAKA 573 216. - 11 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS 6. SRI. MANISH S/O. SHYAM LAL AGED ABOUT 38 YEARS, PALI ROAD SOJAT, PALI RAJASTHAN 306 104. 7. SRI. K. V. DEVRAJ S/O. VASTIMAL AGED ABOUT 60 YEARS, BASAVESHWARA STREET OLD POST OFFCIE ROAD, BELUR HASSAN, KARANTAKA 573 115. 8. SRI. RAMESHA S/O. PALANI SWAMY AGED ABOUT 40 YEARS HOYSALA BEEDI, NEHARU NAGARA BELUR, HASSAN KARNATAKA- 573 115. 9. SRI. VIJAY N. P. S/O. PUTTASWAMY AGED ABOUT 35 YEARS, NETTEKERE HASSAN, KARNATAKA - 573 115. 10. SMT. MANJULA W/O. K T NARAYANA AGED ABOUT 40 YEARS, KERLUR, HASSAN KARNATAKA 573 115. 11. SMT. JYOTHI N. W/O. GOPAL P S AGED ABOUT 40 YEARS, HOSA NAGARA BELUR, HASSAN KARNATAKA 573 115. 12. SRI. I. P. KUMAR S/O. PARVATHAIAH AGED ABOUT 45 YEARS, IRAVALLI HASSAN KARNATAKA 573 115. 13. SRI. GANESH K. M. S/O. MANJUNAYAK, AGED ABOUT 44 YEARS, KRISHNAPURA, PADUVALALU, HASSAN KARNATAKA 573 215. - 12 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS 14. SMT. RENUKA K. N. W/O. S. Y. RANGEGOWDA AGED ABOUT 54 YEARS, BICCODU HOBLI THAGARE, HASSAN, KARNATAKA 573 215. 15. SRI. B. R. LOKESHA S/O. RAMACHANDRA S. T AGED ABOUT 40 YEARS LAKSHMIPURA, 2ND CROSS BELUR, HASSAN KARNATAKA 573 115. 16. SRI. DIKRUTH H. M. S/O. LATE MANJUNATH AGED ABOUT 30 YEARS, CHANNEGOWDARA BEEDI BELUR, HASSAN KARNATAKA 573 115. 17. SRI. MANIKANTA K. P. S/O. PUTTASWAMY AGED ABOUT 30 YEARS, KODAGANAHALLI ANKIHALLI, HASSAN KARNATAKA 573 215. 18. SRI. ISHTIAQH AHMED S/O. LATE MOHAMMED ISMAIL AGED ABOUT 52 YEARS, PUMP HOUSE ROAD BELUR, HASSAN KARNATAKA 573 115. 19. SRI. ASHFAQ AHAME D S/O. LATE MOHAMMED ISMAIL AGED ABOUT 48 YEARS 3RD CROSS, PUMP HOUSE ROAD BELUR, HASSAN KARANATAKA 573 115. 20. SRI. GOUSE S/O. KALEEM PASHA AGED ABOUT 45 YEARS 49/2, KURUBGERE STREET, POLICE QUARTERS, BELUR, HASSAN, KARNATAKA 573 115. - 13 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS 21. SRI. RAMESH KUMAR K. S/O. KEWAL CHAND AGED ABOUT 50 YEARS, LAKSHMIPURA EXTENSION 1ST CROSS, BELUR HASSAN, KARNATAKA 573 115. 22. SRI. MOHAMMED DAWOOD S/O. MOHAMMED HUSSAIN AGED ABOUT 52 YEARS NEHRUNAGARA, BELUR, HASSAN KARNATAKA 573 115. 23. SRI. S. M. HONNAPPA S/O. S P MARIVENKATEGOWDA AGED ABOUT 64 YEARS, KASABA HOBLI BELUR TALUKU, SANYASIHALLI, HASSAN KARANTAKA 573 115. 24. SRI. A. R. NAGESH S/O. RUDREGOWDA AGED ABOUT 60 YEARS GENDEHALLI ROAD, BELUR TOWN BELUR, HASSAN, KARNATAKA 573 115. 25. SRI. H. S. VADIRAJ S/O. LATE H P SRINIVASA DHANYA AGED ABOUT 55 YEARS DHANYA KUTEERA, VAIKUNTA DASARA STREET FORT, BELUR, HASSAN KARANTAKA 573 115. 26. SRI. RAMACHANDRA S. T. S/O. THAMMANNA SHETTY AGED ABOUT 50 YEARS LAKSHMIPURA 2ND CROSS, BELUR HASSAN, KARNATAKA 573 115. 27. SRI. C. R. LOKESH S/O. C H RAMASWAMY AGED ABOUT 42 YEARS, PUMP HOUSE ROAD, BELUR, HASSAN KARNATAKA 573 115. - 14 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS 28. SRI. SATHISH G. R. S/O. RAJAGOPAL GOWDA I. R. AGED ABOUT 60 YEARS PUMP HOUSE ROAD, BELUR HASSAN, KARNATAKA 573 115. 29. SRI. VENKATESH C. R. S/O. RAMASWAMY AGED ABOUT 48 YEARS C. H. PUMP HOUSE ROAD, BELUR HASSAN, KARNATAKA 573 115 … PETITIONERS (BY SRI. T N VISWANATHA., ADVOCATE) AND: 1. DEPUTY COMMISSIONER D.C. OFFICE, B.M. ROAD HASSAN DISTRICT 573 201. 2. THE PROJECT DIRECTOR, DISTRICT URBAN DEVELOPMENT CELL OFFICE OF THE DEPUTY COMMISSIONER B.M. ROAD HASSAN 573 201. 3. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, BELURU TOWN HASSAN DISTRICT - 573 115. 4. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, MUNICIPAL ADMINISTRATION AND DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU 560 001. … RESPONDENTS (BY SMT.PRATHIMA HONNAPURA., AAG A/W SRI.BOPPANNA BELLIYAPPA., AGA FOR R-1 & R-2 SRI.A NAGARAJAPPA., ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE - 15 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS IMPUGNED OFFICIAL MEMORANDUM DATED 14.03.2025, BEARING NO.MUNICI(2) C.R./169/2023-24 ISSUED BY THE 1ST RESPONDENT THROUGH THE OFFICE OF THE 2ND RESPONDENT AT ANNEXURES-A IN SO FAR IS PETITIONER CONCERNED. THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. In each of the above matters, the petitioners are before the Court seeking for the following reliefs; WP No.9836/2025 a. Issue a Writ of Certiorari by quashing the impugned official memorandum dated 14.03.2025, bearing No. MUNICI(2)/ C.R/169/2023-24 issued by the 1st Respondent through the office of the 2nd Respondent at ANNEXURES - A. b. Issue any other writ or direction this Hon'ble Court deems fit to grant under the circumstances of the case; and c. This writ petition may be allowed with costs in the interest of justice and equity. IN W.P.NO.1922/2025 i. Issue a Writ of Certiorari or any other appropriate writ quashing the conditions no.29 and 30 in notification dated 13.12.2024 in No.PU.BE/KUM.VI/miscellaneous 02/2023-24 issued by the 3rd respondent produced at Annexure-A in so far as preventing the Petitioners/public from participating in the public auction to be held by 3rd respondent on 02.01.2025. - 16 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS ii. Issue any other writ or directions to meet the ends of justice. IN WP.NO.3848/2025 i. Issue a Writ of Certiorari or any other appropriate writ quashing the conditions no.29 and 30 in notification dated 13.12.2024 in No.PU.BE/KUM.VI/miscellaneous 02/2023-24 issued by the 3rd respondent produced at Annexure-A in so far as preventing the Petitioners/public from participating in the public auction to be held by 3rd respondent on 02.01.2025. ii. Issue any other writ or directions to meet the ends of justice. IN W.P.NO.6840/2025 a. Issue writ, order or direction in the nature of certiorari or any other appropriate writ as this Hon'ble Court deems fit quashing the Auction Notification bearing No.pu.be/kum.v/ Miscellaneous/02/2023-24 dated 13.12.2024 vide ANNEXURE-A issued by the 5th Respondent-TMC, in the interest of justice and equity. b. Pass any other order of consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case, in the ends of justice and equity. IN WP.NO.7207/2025 i. Issue a writ of mandamus directing the Respondent No.2 & 3 to consider the representation dated 17-02-2025 submitted by the Petitioners by setting aside the tender called on 02-01-2025 through E-Procurement. ANNEXURE -H and J - 17 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS ii. Issue a Writ of certiorari or any other appropriate writ quashing the Conditions No. 29 and 30 in notification dated 13.12.2024 in No. PU.BE/KUM.VI/Miscellaneous /02/2023-24 issued by the 3rd Respondent produced at ANNEXURE-A and to issue fresh tender notification by following the Petitioners participate in the Auction. iii. Issue any such other writ or directions to meet the ends of justice. IN WP.NO.7302/2025 i. Issue writ in the nature of mandamus directing the respondent no.2 to extend approval in response to auction of shop premises communicated by the respondent no.3 dated: 11.02.2025 vide bearing no. Pu.Be/Kam.Vi/Miscellaneous/02/2023-24 as per Annexure-F, consequently also direct the respondent no.3 to execute the lease deed in respect of the shop premises allotted to petitioners pursuant to auction advertisement dated: 13.12.2024 as per Annexure-C. ii. Pass any appropriate order deems fit to the facts and circumstances of the case. IN WP.NO.11607/2025 a. Issue a Writ of Certiorari by quashing the impugned official memorandum dated 14.03.2025, bearing No. MUNICI(2)/C.R/169/2023-24 issued by the 1st Respondent through the office of the 2nd Respondent at ANNEXURES - A. in so as petitioner Concerned. b. Issue any other writ or direction this Hon'ble Court deems fit to grant under the circumstances of the case; and c. This writ petition may be allowed with costs in the interest of justice and equity. - 18 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS 2. The TMC had proposed to auction 63 commercial establishment coming under the Town Municipal Council, Beluru Town, Hassan alleging that one of the condition is restricting the participation to the existing tenants, some of the third parties who wanted to participate in the auction had approached this Court and this Court vide its order dated 31.12.2024 in WP No.35912 of 2024 had stayed the operation of the auction notification dated 13.12.2024 issued by the TMC, till the next date of hearing and adjourned the matter to 30.01.2025. 3. It is alleged that the auction took place on 02.01.2025 and some of the persons were successful in the auction are before this Court seeking for confirmation of the auction as indicated supra. Some of the existing tenants exercising their Right of First Refusal (“ROFR”) are also before this Court seeking permission to exercise such rights and for confirmation of the extension of lease in their favour. - 19 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS 4. There are certain others before this Court contending that they are third parties who are not existing tenants but have been successful in the tender and therefore the auction has to be confirmed in their favour. 5. There are certain others before this Court contending that they were not permitted to participate in the auction because they were not existing tenants and on that ground, they submit that the auction is required to be set aside. 6. During pendency of the above matter the Deputy Commissioner has passed an order cancelling the auction and directing the TMC to conduct fresh auction by making certain observations as regards certain conditions in the earlier auction notification not being in terms of the Karnataka Transparency in Public Procurements Act, 1999. The petitioners coming from these various backgrounds each and - 20 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS every part of the auction is under question or subject matter of these petitions from different perspectives. 7. What is important for this Court to consider is that this Court had stayed the auction notification vide its order dated 31.12.2024 and the auction was conducted on 02.01.2025. Once there is a stay of the auction, the said order not having been varied or modified, the TMC could not have conducted the auction when the order was passed in the presence of the counsel appearing for the TMC. 8. It was but required that the auction be postponed which apparently the TMC has not done and went ahead with the conduct of the auction which was not so permissible. Hence. any person claiming as a participant in the auction or a person claiming to exercise Right of First Refusal will not have any foundation to stand on when that auction itself was conducted contrary to the orders of this Court. - 21 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS 9. As regards the finding of the Deputy Commissioner that there have been various violations of the KTPP Act and the guidelines have not been followed. What can be seen is guidelines were issued in the year 2019, but those guidelines have not been followed up with a Standard Operating Procedure detailing out the manner and methodology that has to be followed up by a Municipal Council, be it either the CMC or a TMC and/or a Municipal Corporation when bringing to auction the public property. 10. In that background, I am of the considered opinion that the Director Municipal Administration would have to formulate a proper Standard Operating Procedure for such public auctions with approval of the Finance Secretary in terms of the KTTP Act and Rules, so that those procedures are followed in its entirety by each CMC or TMC, avoiding these kinds of discretionary auctions being conducted. More so, when one of the conditions in the auction conducted - 22 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS by TMC was that the auction would be restricted to the existing tenants, which could not be impugned. 11. Though Sri.Nagarajappa., learned counsel submits that the Deputy Commissioner did not have the power to cancel the auction, I am of the considered opinion that when the auction has been conducted in violation of the orders of this Court that auction cannot be held to valid nor could it provide any right to any of the parties who participated in the auction. 12. The Director, Municipal Administration is directed to formulate a SOP within four weeks from today and forward it to all the CMC's and TMC's, Municipalities and the same like which would be followed by them in the auction to be held subsequently. 13. In the present matter, the TMC is directed to conduct a fresh auction in terms of the SOP received by the TMC within three weeks of the receipt of the SOP. 14. Any amount, if any, deposited by the existing tenant and/or the successful bidders are directed to be returned to them by the TMC. - 23 - HC-KAR NC: 2026:KHC:9436 WP No. 9836 of 2025 C/W WP No. 1922 of 2025 WP No. 3848 of 2025 AND 4 OTHERS 15. Needless to say, the tenants who are already in possession, their possession is not to be disturbed until the auction is held. 16. Further needless to say, that the existing tenants can always exercise their right to participate in the auction and/or Right to First Refusal as they choose. 17. TMC is always at liberty to recover such rentals as are due from the existing tenants as also to adjust from and out of the deposit made, if there are any dues. 18. With the above observations, the writ petitions stand disposed of. 19. Thus, the above petitions are disposed, re-list on 26.03.2026 to enable the learned AGA to place on record the SOP formulated. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 72