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2026 DAILYLAW 15252 (KAR)

SRI K S NAGARAJ v. STATE OF KARNATAKAz

WP/12755/2026 · 2026-04-22

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21839 WP No. 12755 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 12755 OF 2026 (LB-RES) BETWEEN: 1. SRI K S NAGARAJ S/O SHESHAPPA GOWDA, AGED ABOUT 50 YEARS, SHOP NO.6, KUVEMPU BUS STAND, SRINGERI, SRINGERI TALUK, CHIKKAMAGALUR DISTRICT - 577139. …PETITIONER (BY SRI. A S GIRISH.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560001, REPRESENTED BY ITS CHIEF SECRETARY. 2. DEPUTY COMMISSIONER, CHIKKAMAGALUR DISTRICT, CHIKKAMAGALUR - 577101. 3. CHIEF OFFICER, TOWN PANCHAYATH, SRINGERI, SRINGERI TALUK, CHIKKAMAGALUR DISTRICT - 577139. …RESPONDENTS (BY SRI. SPOORTHI V , HCGP FOR R1 & R2; SRI. A NAGARAJAPPA, ADVOCATE FOR R3) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21839 WP No. 12755 of 2026 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE / ORDER DTD. 31.03.2026 BEARING NO. PA.PAM.SRIUM.C.R/2025-26 ISSUED BY THE R-3 PRODUCED AT ANNX-C AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The case of the petitioner is that he has been allotted a shop on a lease/licence basis by respondent No.3 in Sringeri Town. The term of the said lease/licence is over. However, as a fresh auction is not yet conducted, the petitioner has been permitted to continue in the said premises and he has been regularly paying rent / licence fee. Now, respondent No.3 intends to re-auction the premises and hence, has demanded the petitioner to vacate the premises and deliver vacant possession of the same in favour of respondent No.3. Aggrieved by the same, the present writ petition is filed. 2. In the course of the arguments, learned counsel for the petitioner fairly submits that, irrespective of the pleadings in the writ petition, the petitioner would be satisfied if he is - 3 - HC-KAR NC: 2026:KHC:21839 WP No. 12755 of 2026 permitted to remain in possession of the premises until the auction of the same is completed by respondent No.3 and further submits that the petitioner would participate in the auction and that he would vacate the premises on the day the auction is completed, without any further protest. 3. Learned counsel appearing for respondent No.3 and the learned HCGP are agreeable to the proposal of the petitioner. However, they submit that the petitioner shall be permitted to participate in the auction only if he is otherwise eligible. Hence, the following:- ORDER i. The writ petition is disposed of with a direction to the respondents to permit the petitioner to be in possession of the shop till the auction process is completed. ii. The petitioner is at liberty to participate in the auction process to be conducted by the respondents provided he is otherwise eligible. - 4 - HC-KAR NC: 2026:KHC:21839 WP No. 12755 of 2026 iii. The moment the auction process is completed, the petitioner shall quit and deliver vacant possession of the premises in favour of the concerned authorities without any protest, if he is not the successful bidder. iv. As long as the petitioner is in possession of the property, he will continue to pay rent/licence fee without any default. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 13