- 1 - HC-KAR NC: 2026:KHC:9434 WP No. 4994 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. 4994 OF 2026 (LB-RES) BETWEEN: 1. SRI ODESHA RAJ URS S/O CHIKKALINGARAJA URS AGED ABOUT 57 YEARS R/AT NO. 1054/3, SUBHASH NAGAR KRISHNARAJAPETE MANDYA DISTRICT-571426. SHOP NO.8 2. SMT. SUSHEELAMMA W/O RAJU AGED ABOUT 65 YEARS R/AT NO. 17, HOSAHOLALU ROAD NEW HLBC COLONY, K.R. PETE TOWN MANDYA DISTRICT-571 426. SHOP NO. 11 3. SRI. AHAMAD PASHA S/O ISMAIL SAB AGED ABOUT 68 YEARS R/AT NO. 2363, BASAVANAGUDI STREET, KRISHNARAJAPETE MANDYA DISTICT-571 426. SHOP NO. 10 4. SRI. JAMSHED PASHA S/O AMEER SAB AGED ABOUT 68 YEARS R/AT NO. 3349/A, OPP. KALEGOWDA SOCIETY, HEMAVATHI EXTENSION KRISHNARAJAPETE MANDYA DISTRICT-571 426. SHOP NO. 18 5. SRI. K.SRINIVASA S/O LATE SHANKARAPPA AGED ABOUT 50 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9434 WP No. 4994 of 2026 R/AT WARD NO. 3, OLD MYSORE ROAD OPP.TO KRISHNARAJENDRA COLLEGE ROAD, THAMMANNA GOWDA NAGARA, K.R. PETE MANDYA DISTRICT-571 426. SHOP NO. 23 6. SRI. K.T. PUTTARAJU S/O K.N. THAMMAIAH AGED ABOUT 56 YEARS R/AT BEHIND ESHWARA TEMPLE KRISHNARAJAPET MANDYA DISTRICT-571 426. SHOP NO.5 7. SRI.PAPANNA S/O LATE BETTAIAH AGED ABOUT 58 YEARS SALOON R/AT BASAVESHWARA NAGARA NEW KIKKERI ROAD, K.R. PETE TALUK MANDYA DISTRICT-571 426. SHOP NO. 21 8. SRI. RAJU. K.P. S/O PAPANNA AGED ABOUT 67 YEARS R/AT NO. 385, WARD NO. 17 BASAVESHWARA NAGARA KASABA HOBLI, KRISHNARAJAPET, MANDYA DISTRICT-571 426. SHOP NO. 9 9. SRI. K.N. CHANDRASHEKAR S/O LATE K.B. NANJUNDAPPA AGED ABOUT 63 YEARS R/AT NO. 219, S.B. ROAD, KRISHNARAJAPETE, MANDYA DISTRICT-571 426. SHOP NO. 12 10. SRI. K.T. GOVINDARAJU S/O LATE THIMMA DASAIAH AGED ABOUT 67 YEARS R/AT NO. 920, SUBHASH NAGARA KRISHNARAJAPETE TALUK MANDYA DISTRICT-571 426. - 3 - HC-KAR NC: 2026:KHC:9434 WP No. 4994 of 2026 SHOP NO. 17 11. SRI. PRAVEENA S/O LATE MANJUNATHA AGED ABOUT 32 YEARS R/AT NO. 195, BASAVANAGUDI STREET NEAR WATER TANK, K.R. PET K.R. PET TALUK MANDYA DISTRICT-571 426. SHOP NO.3 12. SMT.KAMALAMMA W/O GOVINDARAJU AGED ABOUT 70 YEARS R/AT NO. 2599, NEAR GANAPATHI PARK, HEMAVATHIBADAVANE, KRISHNARAJAPETE MANDYA DISTRICT-571 426. SHOP NO.6 13. SRI. YOGESH. R S/O RAMAIAH AGED ABOUT 50 YEARS R/AT OOCHANAHALLI VILLAGE MURUKANAHALLI POST, KRISHNARAJPET TALUK, MANDYA DISTRICT-571 426. SHOP NO.7 14. SRI. JEEVAN KUMAR RAO S/O YESHWANTHA RAO AGED ABOUT 58 YEARS R/AT WARD NO. 5, SUBHASH NAGARA, K.R. PETE TOWN, MANDYA DISTRICT-517 426. SHOP NO. 14 15. SMT. GIRIJAMMANI W/O R. KRISHNA AGED ABOUT 50 YEARS RESIDING AT BASAVESHWARA NAGARA HOSAKIKKERI ROAD, KRISHNARAJAPETE, MANDA DISTRICT-571426. SHOP NO. 15 16. SRI. NAZIM PASHA S/O GOUSE PASHA AGED ABOUT 39 YEARS - 4 - HC-KAR NC: 2026:KHC:9434 WP No. 4994 of 2026 R/AT BASAVESHWARA NAGARA KRISHNARAJAPETE, MANDYA DISTRICT-571426. SHOP NO. 16 17. SRI. RAJU S/O LATE BASAPPA AGED ABOUT 72 YEARS R/AT MANJUNATHANILAYA, HEMAVATHIBADAVANE, K.R. PETE K.R. PETE TALUK MANDYA DISTRICT-571426. SHOP NO. 19 18. SRI. KRISHNAMURTHY S/O BYATAPPA @ BETTAPPA AGED ABOUT 52 YEARS R/AT BEHIND JUNIOR COLLEGE JAYANAGARABADAVANE, KRISHNARAJAPETE, MANDYA DISTRICT-571 426. SHOP NO. 24 19. SRI. C. DINESH S/O CHANDRASHEKARA AGED ABOUT 36 YEARS R/AT AMBEDKAR NAGARA, KRISHNARAJAPETE MANDYA DISTRICT-571 426. SHOP NO. 25 20. SMT. VARALAKSHMI W/O LATE KRISHNA.K.R. AGED ABOUT 52 YEARS R/AT BEHIND BASAVANAGUDI KRISHNARAJAPETE TOWN MANDYA DISTRICT-571 426. SHOP NO. 27. 21. SMT. PADMAVATHI G.B W/O S.K PRABHAKAR AGED ABOUT 50 YEARS R/AT JAYANAGARA LAYOUT, KRISHNARAJAPETE, MANDYA DISTRICT-571 426 SHOP NO. 02 - 5 - HC-KAR NC: 2026:KHC:9434 WP No. 4994 of 2026 22. SRI. A.N CHANDREGOWDA S/O A.N. NINGEGOWDA AGED ABOUT 75 YEARS R/AT K.R PETE TALUK, BOOKANAKEREHOBLI, ARALAKUPPE VILLAGE, VITTALAPURA K.R PETE, MANDYA-571 426 SHOP NO. 04. 23. SRI. NANDEESHA S/O BOLARIGOWDA AGED ABOUT 45 YEARS R/AT NO 2960, OPP. PRAGATI CONVENT OLD MYSORE ROAD, KRISHNARAJAPETE MANDYA DISTRICT-571 426. SHOP NO. 13 24. SRI. K.S. SANTHOSH KUMAR S/O LATE K.T.SOMASUNDAR AGED ABOUT 49 YEARS R/AT HOSAKIKKERI ROAD VIJAYA NIVASA, BASAVESHWARA NAGARA KRISHNARAJAPETE MANDYA DISTRICT- 574 126 SHOP NO. 22 …PETITIONERS (BY SRI. KASHINATH J D.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT MUNICIPAL ADMINISTRATION VIKASASOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. REP. BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA-571 426 3. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL KRISHNARAJAPETE MANDYA DISTRICT-571 426. - 6 - HC-KAR NC: 2026:KHC:9434 WP No. 4994 of 2026 4. THE ADMINISTRATIVE OFFICER TOWN MUNICIPAL COUNCIL, KRISHNARAJAPETE, MANDYA DISTRICT-571 426. …RESPONDENTS (BY SRI.BOPPANNA BELLIYAPPA., AGA FOR R-1 & R-2; SRI.G.M.ANAND.,ADVOCATE FOR R-3 & R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINS TO COMMERCIAL SHOPS PUBLIC E-AUCTION PUBLICATION PUBLICATION BEARING NO. PU.KA.KRU/KAM/SHA/E- AUCTION/01/2025-26 DATED 19.01.2026 ISSUED BY RESPONDENT NO.3. 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 respondents No.1 and 2. 2. Sri.G.M.Ananda., learned counsel is directed to accept notice for respondent No.3 and 4. 3. The Petitioner is before this Court seeking for the following reliefs; i) Call for records pertains to Commercial Shops Public E-auction publication publication bearing No. Pu.Ka.Kru/Kam/Sha/E-Auction/01/2025-26 dated: 19.01.2026 issued by respondent no.3. ii) Issue writ in the nature of certiorari to quash the Commercial Shops Public E-auction publication - 7 - HC-KAR NC: 2026:KHC:9434 WP No. 4994 of 2026 bearing No. Pu.Ka.Kru/Kam/Sha/E- Auction/01/2025-26 dated: 19.01.2026 issued by respondent no.3 as per Annexure-A as illegal bad in law. in so fear of petitioners concerned. iii) Pass any appropriate order deems fit to the facts and circumstances of the case and to meet the interest of justice. 4. The grievance of the petitioner is that the petitioners being the tenants of various shops in Kuvempu Commercial Shopping Complex at K.R.Pet, the respondents are now proposing to auction the said commercial shops by way of e-auction and thereafter disposes the petitioner from their respective shops. 5. Merely, because, the petitioners are tenants as regard the commercial shop, they cannot continue to be using the said premises after the expiry of the lease. In terms of the guidelines issued in the year 2019, it is but required for the TMCs to deal with the public properties by way of public auction and during that stage, a existing tenant has an option to participate in the auction and if successful to continue to retain the possession by making payment - 8 - HC-KAR NC: 2026:KHC:9434 WP No. 4994 of 2026 in terms of the auction notification. In the event of the existing tenant not being successful, possession would have to be handed over within a reasonable period of time. 6. The tenant also has another option of exercising Right to First Refusal by choosing not to participate in the auction and making payment of 5% over and above the highest amount bid at the said auction. 7. Again, needless to say, if the said Right to First Refusal is not exercised within time period prescribed under guidelines, then the tenant would be required to hand over the possession of the premises within 30 days of such auction being held. 8. Faced with the above situation, learned counsel for the petitioner on instructions, submit that the petitioner would exercise their Right to First Refusal and they would not participate in the auction. 9. In that view of the matter, I pass the following; - 9 - HC-KAR NC: 2026:KHC:9434 WP No. 4994 of 2026 ORDER i. The writ petition is disposed of. ii. Liberty is reserved to the petitioners to excise their Right to First Refusal, post the e-auction being held on 18.02.2026 and make their offer in terms of guidelines within time frames stipulated therein. iii. If no such offer is made by the petitioner, the respondent would be free to take such action for eviction of the petitioner as may be permissible under law after the expiry of 30 days from the date of auction being held. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 25