- 1 - HC-KAR NC: 2026:KHC:25592 WP No. 11813 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 11813 OF 2026 (LB-RES) BETWEEN: SMT B MALATHI KUMARI D/O B SOMAPPA SHETTIGAR R/A PUTTUR SANTHEKATTE POST UDUPI, AMBAGILU KARNATAKA-576105. …PETITIONER (BY MS. RAGINI M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE COMMISSIONER, UDUPI CITY/ TOWN MUNICIPAL COUNCIL UDUPI-575101. 3. DEPUTY COMMISSIONER UDUPI DISTRICT 625, SHIVALLI, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25592 WP No. 11813 of 2026 RAJATADRI, MANIPAL KARNATAKA- 576104. 4. DAKSHINA KANNADA CO-OPERATIVE MILK PRODUCERS UNION LIMITED, MANGALORE DAIRY(DKMUL) AFFLIATED TO KARNATAKA MILK FEDERATION (RNO.5) REPRESENTED BY IT'S DIRECTOR, KULSHEKAR POST, MANGALORE-575005. 5. KARNATAKA MILK FEDERATION, REPRESENTED BY IT'S DIRECTOR, O/AT DR MH, DHARMARAM COLLEGE, KMF COMPLEX, PB 2915, MARIGOWDA RD, BENGALURU, KARNATAKA-560029. …RESPONDENTS (BY SRI.KENCHEGOWDA., AGA FOR R1 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER ON 05.12.2025 VIDE ANNX-P1 AND AS PER R2 ENDORSEMENT DATED 29.12.2025 VIDE ANNX-P4 TO ALLOT A SHOP TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:25592 WP No. 11813 of 2026 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner was operating a licensed milk booth in a public premises, and she has been duly evicted. The petitioner, after such eviction, has filed representations for allotment of alternative premises only to be informed by the second respondent that the availability of public premises is being verified and if public premises are available, appropriate action will be taken. Ms. Ragini, the learned counsel for the petitioner, argues for intervention asserting that the petitioner has been evicted in the year 2024 and is without an alternative premises or vocation and that this Court must make an exception and issue directions to the second respondent [and the other respondents] to ensure that the petitioner is allotted an alternative premises. Sri Kenchegowda, a learned Additional Government Advocate, who accepts notice for the first and third respondents, is heard in the light of these circumstances for disposal of the petition. - 4 - HC-KAR NC: 2026:KHC:25592 WP No. 11813 of 2026 This Court must observe that every public premises must be allotted by open invitation and that would be the due process. The petitioner does not make out a case for carving out an exception with this due process, and therefore, there cannot be a positive direction to the authorities to consider the representation and allot an alternative premises, but the petition must be disposed of observing that the petitioner will be at liberty to participate in any open invitation to allot public premises without being prejudiced by the outcome of these proceedings. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN/-