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HC-KAR NC: 2026:KHC:6710 WP No. 24061 of 2018 C/W WP No. 24060 of 2018 WP No. 24062 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24061 OF 2018 (LB-RES) C/W WRIT PETITION NO. 24060 OF 2018 (LB-RES) WRIT PETITION NO. 24062 OF 2018 (LB-RES)
IN WP No. 24061/2018
BETWEEN:
SRI. CHALUVARAJU S/O KRISHNAPPA, AGED ABOUT 46 YEARS, RESIDENT OF CHIKKAJALA VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 157. …PETITIONER
(BY SRI. SHIVASHANKAR K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF RURAL AND PANCHAYATH DEVELOPMENT DR. B.R. AMBEDKAR VEEDI, M.S.BUILDING, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 2. CHIKKAJALA GRAMA PANCHAYATH JALA HOBLI, BENGALURU NORTH TALUK, BANGALORE-562 157, REP. BY ITS PRESIDENT. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:6710 WP No. 24061 of 2018 C/W WP No. 24060 of 2018 WP No. 24062 of 2018
3. THE PANCHAYATH DEVELOPMENT OFFICER CHIKKAJALA GRAM PANCHAYATH, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 157. 4. NANDISH S/O LATE THIMMAIAH, MAJOR IN AGE,
5. ANANDA C.A.
S/O MUNIRAMAIAH, MAJOR IN AGE,
6. HARSHAVARDAN S/O RAMANJINAPPA, MAJOR IN AGE,
7. C.K.VINOD KUMAR S/O C.M.KEMPANNA, MAJOR IN AGE,
RESPONDENT NO.4 TO 7 ARE R/AT CHIKKAJALA VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 157. 8. D.S.MANJUNATH S/O SUBRAMANI, MAJOR IN AGE, R/AT DODDAJALA GRAM, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 157. …RESPONDENTS (BY SMT. CHANDINI SINGH, HCGP FOR R1;
SRI. M. SHIVAPRAKASH, ADVOCATE FOR R2 & R3;
R4 –NANDISH- SERVED;
R5 -ANANDA C.A.- SERVED;
R6-HARSHAVARDAN- SERVED;
R7-C.K. VINOD KUMAR- SERVED;
R8-D.S. MANJUNATH- SERVED)
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HC-KAR NC: 2026:KHC:6710 WP No. 24061 of 2018 C/W WP No. 24060 of 2018 WP No. 24062 of 2018
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION CONDUCTED BY THE RESPONDENT NO.2 AND 3 ON 13.3.2018 AND AS PER NOTICE PUBLICATION DATE: 8.3.2018 IN RESPECT OF SHOP NO.3 ALLOTTED TO THE PETITIONER SITUATED AT CHIKKAJALA VILAGE, JALA HOBLI, BANGALORE NORTH TALUK VIDE ANNEXURE-G AND J.
IN WP NO. 24060/2018
BETWEEN:
SRI. C.C. GANGANNA S/O. CHANANBASAVAIAH, AGED ABOUT 48 YEARS, RESIDENT OF CHIKKAJALA VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK. ...PETITIONER
(BY SRI. SHIVASHANKAR K.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF RURAL AND PANCHAYATH DEVELOPMENT DR.
B.R. AMBEDKAR VEEDI, M.S.BUILDING, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 2. CHIKKAJALA GRAMA PANCHAYATH JALA HOBLI, BENGALURU NORTH TALUK, BANGALORE-562 157, REP. BY ITS PRESIDENT. 3. THE PANCHAYATH DEVELOPMENT OFFICER CHIKKAJALA GRAM PANCHAYATH, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 157. - 4 -
HC-KAR NC: 2026:KHC:6710 WP No. 24061 of 2018 C/W WP No. 24060 of 2018 WP No. 24062 of 2018
4. NANDISH S/O LATE THIMMAIAH, MAJOR IN AGE,
5. ANANDA C.A.
S/O MUNIRAMAIAH, MAJOR IN AGE,
6. HARSHAVARDAN S/O RAMANJINAPPA, MAJOR IN AGE,
7. C.K.VINOD KUMAR S/O C.M.KEMPANNA, MAJOR IN AGE,
RESPONDENT NO.4 TO 7 ARE R/AT CHIKKAJALA VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 157. 8. D.S.MANJUNATH S/O SUBRAMANI, MAJOR IN AGE, R/AT DODDAJALA GRAM, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 157. ...RESPONDENTS
(BY SMT. CHANDINI SINGH, HCGP FOR R1;
SRI. M. SHIVAPRAKASH, ADVOCATE FOR R2 & R3;
R4 –NANDISH- SERVED;
R5 -ANANDA C.A.- SERVED;
R6-HARSHAVARDAN- SERVED;
R7-C.K. VINOD KUMAR- SERVED;
R8-D.S. MANJUNATH- SERVED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION CONDUCTED BY THE RESPONDENT NO.2 AND 3 ON 13.3.2018 AS PER PUBLICATION NOTICE DATE: 8.3.2018 IN
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HC-KAR NC: 2026:KHC:6710 WP No. 24061 of 2018 C/W WP No. 24060 of 2018 WP No. 24062 of 2018
RESPECT OF SHOP NO.4 ALLOTTED TO THE PETITIONER SITUATED AT CHIKKAJALA VILAGE, JALA HOBLI, BANGALORE NORTH TALUK VIDE ANNEXURE-J.
IN WP NO. 24062/2018
BETWEEN:
SRI. C.K. NAGARAJU S/O KRISHNAPPA, AGED ABOUT 48 YEARS, RESIDENT OF CHIKKAJALA VILLAGE JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 562 157. ...PETITIONER
(BY SRI. SHIVASHANKAR K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF RURAL AND PANCHAYATH DEVELOPMENT DR. B.R. AMBEDKAR VEEDI, M.S.BUILDING, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 2. CHIKKAJALA GRAMA PANCHAYATH JALA HOBLI, BENGALURU NORTH TALUK, BANGALORE-562 157, REP. BY ITS PRESIDENT. 3. THE PANCHAYATH DEVELOPMENT OFFICER CHIKKAJALA GRAM PANCHAYATH, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 157. 4. NANDISH S/O LATE THIMMAIAH, MAJOR IN AGE,
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HC-KAR NC: 2026:KHC:6710 WP No. 24061 of 2018 C/W WP No. 24060 of 2018 WP No. 24062 of 2018
5. ANANDA C.A.
S/O MUNIRAMAIAH, MAJOR IN AGE,
6.
HARSHAVARDAN S/O RAMANJINAPPA, MAJOR IN AGE,
7. C.K.VINOD KUMAR S/O C.M.KEMPANNA, MAJOR IN AGE,
RESPONDENT NO.4 TO 7 ARE R/AT CHIKKAJALA VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 157. 8. D.S.MANJUNATH S/O SUBRAMANI, MAJOR IN AGE, R/AT DODDAJALA GRAM, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 157. ...RESPONDENTS
(BY SMT. CHANDINI SINGH, HCGP FOR R1;
SRI. M. SHIVAPRAKASH, ADVOCATE FOR R2 & R3;
R4 –NANDISH- SERVED;
R5 -ANANDA C.A.- SERVED;
R6-HARSHAVARDAN- SERVED;
R7-C.K. VINOD KUMAR- SERVED;
R8-D.S. MANJUNATH- SERVED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION CONDUCTED BY THE RESPONDENT NO.2 AND 3 ON 13.3.2018 AND AS PER HARAJU NOTICE PUBLICATION ON 8.3.2018 IN RESPECT OF SHOP NO.6 ALLOTTED TO THE PETITIONER SITUATED AT CHIKKAJALA VILAGE, JALA HOBLI, BANGALORE NORTH TALUK VIDE ANNEXURE-J.
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HC-KAR NC: 2026:KHC:6710 WP No. 24061 of 2018 C/W WP No. 24060 of 2018 WP No. 24062 of 2018
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
COMMON ORAL ORDER
1. Petitioner is before this Court in WP No.24061/2018 seeking for the following reliefs:
“a) To Issue writ in the nature of certiorari to quash the auction conducted by the respondent No. 2 & 3 on 13.03.2018 and as per Notice Publication Date: 8/3/18 in respect of shop No. 3 allotted to the Petitioner situated at Chikkajala Village, Jala Hobli, Bangalore North Taluk vide Annexure-G & J. b) To pass any other order/s as this Hon'ble Court deems fit under the facts and circumstances of the case including the costs of the proceedings.”
2. Petitioner is before this Court in WP No.24060/2018 seeking for the following reliefs:
“a) To Issue writ in the nature of certiorari to quash the auction conducted by the respondent No. 2 & 3 on 13.03.2018 as per Publication Notice Date: 8/3/2018 in respect of shop No. 4 allotted to the Petitioner situated at Chikkajala Village, Jala Hobli, Bangalore North Taluk vide Annexure-J. b) To pass any other order/s as this Hon'ble Court deems fit under the facts and circumstances of the case including the costs of the proceedings.”
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HC-KAR NC: 2026:KHC:6710 WP No. 24061 of 2018 C/W WP No. 24060 of 2018 WP No. 24062 of 2018
3. Petitioner is before this Court in WP No.24062/2018 seeking for the following reliefs:
“a) To Issue writ in the nature of certiorari to quash the auction conducted by the respondent No. 2 & 3 on 13.03.2018 and as per Haraju Notice Publication on 8/3/2018 in respect of shop No. 6 allotted to the Petitioner situated at Chikkajala Village, Jala Hobli, Bangalore North Taluk vide Annexure-J. b) To pass any other order/s as this Hon'ble Court deems fit under the facts and circumstances of the case including the costs of the proceedings.”
4. The grievance of the petitioners when they had approached this court in the year 2018 is that the petitioners i.e., Chaluvaraju in WP No.24061/2018, C.C.Ganganna in WP No.24060/2018 and C.K.Nagaraju in WP No.24062/2018 being in possession and occupation of shop No.3, shop No.4 and shop No.6 respectively. The said shops were proposed to be auctioned by respondent Nos.2 and 3 though the petitioners were ready to pay the enhanced rent of 10% and had submitted representations to that effect.
Without considering
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HC-KAR NC: 2026:KHC:6710 WP No. 24061 of 2018 C/W WP No. 24060 of 2018 WP No. 24062 of 2018
the said representations, it is alleged that respondent No.3 was going ahead with the auction of the premises in question. It is in that background, interim order was granted by this Court and the matters have been pending for last 7 years. 5. In terms of the circulars which have been issued in respect of the properties of the Grama Panchayath and other municipal authorities, the methodology of operation is for an auction to be conducted where the existing tenants could participate. In the event of the existing tenants, prior to the auction, deciding that they would not participate in the auction, they could decide to exercise right of first refusal after the auction is concluded in terms of the applicable circulars. The only methodology of disposal of public property being through auction and right to first refusal, the question of
consideration of a representation for enhancement to arrive at a private
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HC-KAR NC: 2026:KHC:6710 WP No. 24061 of 2018 C/W WP No. 24060 of 2018 WP No. 24062 of 2018
treaty or a private arrangement between a lessee and a municipal authority is not permissible.
6.
Learned counsel for the petitioners faced with such situation submits that the petitioners will participate in the next auction and or exercise their right of first refusal before the auction to be held.
7.
Learned counsel for respondent No.3 submits that given four weeks' time the next auction would be held.
8. In that view of the matter, I pass the following: i. writ petition is partly allowed. ii. The petitioners are permitted to either participate in the next auction to be held by respondent No.3 or to exercise thier right of first refusal in terms of the applicable circular.
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iii. Needless to say for exercise of any of the above options, the petitioners would have to clear all pending dues. iv. The pending dues to be intimated by respondent No.3 to the petitioners within one week from today i.e. on or before 13.02.2026.
SD/- (SURAJ GOVINDARAJ) JUDGE
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