Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:18098 WP No. 8263 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 8263 OF 2025 (LB-RES)
BETWEEN:
1. DEVAKI SHEDTHI AGED 80 YEARS, W/O LATE B. SRINIVASA SHETTY, R/AT HANGARAKATTE, BRAHMAVARA TALUK, POST BRAHMAVARA - 576 213, UDUPI DISTRICT. 2. SUSHEELA S. SHETTY AGED 70 YEARS, W/O SEETHARAMA SHETTY,
3. LATHASHREE R. SHETTY AGED 50 YEARS, W/O H. RATHNAKAR SHETTY,
PETITIONER NO.2 AND 3 ARE R/AT DOOR NO.5-15, 'SUSHITH', HANDADI KALBETTU, HANDADI VILLAGE, POST BRAHMAVARA - 576 213, UDUPI DISTRICT. 4. B.S. SADANANADA DAS AGED 72 YEARS, S/O LATE SHEENAPPA DAS, R/AT DOOR NO.2-96/1, SRINIVASA NILAYA, GUDDEBETTU, VARAMBALLI VILLAGE, POST BRAHMAVARA - 576 213, BRAHMAVARA TALUK,
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:18098 WP No. 8263 of 2025
UDUPI DISTRICT. 5. MOHAMMED RAFEEQ AGED 49 YEARS, S/O MARIYAMBI, R/AT GOVEKATTE, BANKERS COLONY, VARAMBALLI VILLAGE, POST BRAHMAVARA - 576 213, BRAHMAVARA TALUK, UDUPI DISTRICT. 6. ANNAPPA B.
AGED 75 YEARS, S/O LATE AITHA, R/AT DOOR NO.3-158, KUKKUDE, HARADI VILLAGE, POST BRAHMAVARA - 576 213, UDUPI DISTRICT. 7. NAGARAJA ACHARYA AGED 45 YEARS, S/O JANARDHANA ACHARYA, R/AT DOOR NO.4-213, HANDADI VILLAGE, POST BRAHMAVARA - 576 213, UDUPI DISTRICT. 8. RADHAKRISHNA B.R.
AGED 57 YEARS, S/O RAMA GANIGA, R/AT DOOR NO.1-44, MALTHAR, VARAMBALLI VILLAGE, POST BRAHMAVARA - 576 213, UDUPI DISTRICT. 9. RAGHURAMA GANIGA AGED 50 YEARS, S/O BABU GANIGA, R/AT DOOR NO.2-212, VARAMBALLI VILLAGE, POST BRAHMAVARA - 576 213, UDUPI DISTRICT. - 3 -
HC-KAR NC: 2026:KHC:18098 WP No. 8263 of 2025
10. SURESH ACHARYA AGED 59 YEARS, S/O RUDRAIYYA ACHARYA, R/AT DOOR NO.4-210, SHIVAKRUPA, HANEHALLI, MOODUKERI, POST BARKUR - 576 210, POST BRAHMAVARA - 576 213, UDUPI DISTRICT. 11. RUDRAIYYA ACHARYA AGED 74 YEARS, S/O MANJUNATHA ACHARYA, R/AT KEMMANNUKADU NEELAVARA, NEELAVARA VILLAGE, POST BRAHMAVARA - 576 213, BRAHMAVARA TALUK, UDUPI DISTRICT. 12. UDAYA KUMAR SHETTY AGED 48 YEARS, S/O RAGHURAM SHETTY, R/AT KAVRADY HOUSE, POST KAVRADY - 576 211, KUNDAPURA TALUK, UDUPI DISTRICT. &PETITIONERS (BY SRI. SUDESH KUMAR ACHARYA U., ADVOCATE)
AND:
1. VARAMBALLI GRAMA PANCHAYAT VARAMBALLI VILLAGE, POST BRAHMAVARA - 576 213, BRAHMAVARA TALUK, UDUPI DISTRICT, REPRESENTED BY ITS
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HC-KAR NC: 2026:KHC:18098 WP No. 8263 of 2025
PANCHAYAT DEVELOPMENT OFFICER. 2.
THE PRESIDENT VARAMBALLI GRAMA PANCHAYAT, VARAMBALLI VILLAGE, POST BRAHMAVARA - 576 213, BRAHMAVARA TALUK, UDUPI DISTRICT. &RESPONDENTS (BY SRI. MONESH KUMAR K.B., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICELS 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED RESOLUTION/PROCEEDINGS OF THE PANCHAYAT DATED 03.03.2025 VIDE RESOLUTION NO.97/2024-25 ON THE FILE OF THE RESPONDENTS, i.e., VARAMBALLI GRAMA PANCHAYAT VIDE ANNEXURE-D AND TO DECLARE THE SAME AS IMPROPER AND UNSUSTAINABLE UNDER LAW AND ETC. THIS PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
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HC-KAR NC: 2026:KHC:18098 WP No. 8263 of 2025
ORAL ORDER
The petitioners are in occupation of the shop premises belonging to the respondent-Panchayat. Admittedly, their term has come to an end. Hence, the respondents have auctioned the shop premises and the petitioners are required to vacate the same. As they have not vacated the same, the respondents have initiated action to have them evicted. Aggrieved by the same, the present writ petition is filed.
2. No person has the right to continue in occupation of government property after the term of the licence/lease has expired. In fact, a duty is cast upon the Government authorities to realise the maximum licence fee/rent from property that is handed over to third parties.
3. As the petitioners do not have any vested right in respect of the property concerned, the writ petition is hereby dismissed. At this juncture, the learned counsel appearing for the petitioners submits that the petitioners
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HC-KAR NC: 2026:KHC:18098 WP No. 8263 of 2025
will voluntarily vacate the property concerned within a period of three (03) months from today. Hence, it is hereby ordered that the petitioners shall vacate the property concerned, quit and deliver the vacant possession of the said properties to the first respondent within a period of three (03) months from today.
4. Pending I.As., if any, stand disposed of.
Sd/- (M.I.ARUN) JUDGE
CH List No.: 1 Sl No.: 59