- 1 - HC-KAR NC: 2026:KHC:9638 WP No. 5002 of 2026 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.5002 OF 2026 (LB-TAX) BETWEEN: SRI KUSHAL L C S/O SRI K.V CHANDRASHEKARA AGED ABOUT 40 YEARS CO-OWNER M/S. VEERESH CINEMAS ADDRESS AT NO. 1, MAGADI ROAD CHORD ROAD BANGALORE 560 079. …PETITIONER (BY SRI. OJASWI.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT GOVERNMENT OF KARNATAKA VIKASA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU - 560 001 2. THE COMMISSIONER BENGALURU WEST CITY CORPORATION N.R SQUARE BENGALURU - 560 001 3. THE REVENUE OFFICER WARD NO. 105 - AGRAHARA DASARAHALLI BRUHAT BENGALURU MAHANAGARA PALIKE/ BENGALURU WEST CITY CORPORATION BANGALORE …RESPONDENTS (BY SRI.BOPPANNA BELLIYAPPA.,ADVOCATE FOR R-1; SRI.PAWAN KUMAR., ADVOCATE FOR R-2 & R-3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9638 WP No. 5002 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 345(1)(B) AND SECTION 345(3) OF THE GREATER BENGALURU GOVERNANCE ACT, 2024, TO THE EXTENT THEY PERMIT DEEMED SERVICE BASED SOLELY ON THE SENDING OF NOTICES VIA ELECTRONIC MEANS WITHOUT PROOF OF ACTUAL RECEIPT, ARE UNCONSTITUTIONAL, ARBITRARY, AND VOID AS VIOLATING ARTICLES 14, 21, AND 300A OF THE CONSTITUTION OF INDIAIII. ISSUE A WRIT OF CERTIORARI QUASHING THE PROCLAMATION AND WRITTEN NOTICE OF SALE BEARING NO. RO(GRN)W-105/JAN/2025-26/PRC-003471 DTD 30.01.2026 (ANNEXURE-B), THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent No.1. 2. Sri.Pawan Kumar., learned counsel is directed to accept notice for respondents No.2 and 3. 3. The petitioner is before this Court seeking the following reliefs: I. Wherefore, it is most respectfully prayed that this Hon'ble Court may be pleased to: II. DECLARE that Section 345(1)(b) and Section 345(3) of The Greater Bengaluru Governance Act, 2024, to the extent they permit "deemed service" based solely on the "sending" of notices via electronic means without proof of actual receipt, are unconstitutional, arbitrary, and void as violating Articles 14, 21, and 300A of the Constitution of India; - 3 - HC-KAR NC: 2026:KHC:9638 WP No. 5002 of 2026 III. ISSUE WRIT OF CERTIORARI quashing the Proclamation and Written Notice of Sale bearing No. RO(GRN)W-105/JAN/2025-26/PRC-003471 dated 30.01.2026 (Annexure-B), vissued by Respondent No.3. as they are on a illegal, contemptuous, and rely constitutionally invalid presumption of service; IV. ISSUE A WRIT OF MANDAMUS declaring that the payment of Rs. 2,12,806/- made by the Petitioner on 04.02.2026 was made under coercion, and directing the Respondents to refund the penalty and interest component (Rs. 29,657/-) and hold the principal amount subject to the result of W.P. No. 2978/2024; Аллexure- 17. V. AWARD exemplary costs and compensation as deemed appropriate by this Hon'ble Court to the Petitioner for the mental agony and malicious abuse of power by the Respondents; and Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity. 4. A memo dated 16.02.2026 along with a letter dated 13.02.2026 has been filed signed by the counsel for the petitioner, which reads as under; MEMO The Counsel for the Petitioner respectfully submits that the auction proceedings impugned in the captioned matter have been withdrawn by the Respondents vide Endorsement dated 13.02.2026 which is attached herewith for the reference of this Hon'ble Court. It is prayed that the Endorsement - 4 - HC-KAR NC: 2026:KHC:9638 WP No. 5002 of 2026 dated 13.02.2026 be taken on record in the interest of justice and equity. 5. Accepting the said memo and the submission made by the learned counsel for the petitioner, the petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 26