Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5096 WP No. 28326 of 2024 C/W WP No. 28112 of 2024 WP No. 28358 of 2024 AND 2 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28326 OF 2024 (LB-RES) C/W WRIT PETITION NO. 28112 OF 2024 (LB-RES) WRIT PETITION NO. 28358 OF 2024 (LB-RES) WRIT PETITION NO. 28607 OF 2024 (LB-RES) WRIT PETITION NO. 33263 OF 2024 (LB-RES)
IN WP No. 28326/2024 BETWEEN:
1. BASAVARAJU, S/O. ANKE GOWDA AGED 64 YEARS, R/AT BHARATH BAKERY AND SWEETS, OPPOSITE TO STATE BANK OF INDIA, COURT ROAD, ARAKALGUD TOWN, HASSAN DISTRICT. 573102 SHOP NO. 53 AND 54
2. SHANTHAMMA, W/O. MARI GOWDA, AGED ABOUT 65 YEARS, HULLANGALA KASABA HOBLI, ARAKALGUD TALUK, 573102 HASSAN DISTRICT. SHOP NO. 55
3. H.S. SATHISH KUMAR, S/O. LATE SHIVAPPA, AGED ABOUT 47 YEARS, R/O. HENTGERE VILLAGE, KASABA HOBLL, ARAKALGUD TALUK 573102
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HASSAN DISTRICT SHOP NO. 56
4. BEERAPPA, S/O. LATE GIDDEGOWDA, AGED ABOUT 53 YEARS, HENTGERE VILLAGE, KASABA HOBLI, ARAKALGUD TALUK 573102 HASSAN DISTRICT. SHOP NO. 57
5. K. VIJAYARAMA. S/O. LATE.P. KRISHNE GOWDA, AGED ABOUT 48 YEARS, HULLANGALA KASABA HOBLI, ARAKALGUD TALUK, 573102 HASSAN DISTRICT. SHOP NO. 58
6. MANJE GOWDA, S/O. LATE NINGE GOWDA, AGED ABOUT 63 YEARS, RESIDING AT NO. 48, HORTAGERE, KASABA HOBLI, ARAKALGUD TALUK, 573102 HASSAN DISTRICT SHOP NO. 59
7. T.R. MANJULA, W/O. VIRUPAKSHA, AGED ABOUT 60 YEARS, RESIDING AT BHOOMIKA NILAYA, COURT ROAD ARAKALGUD TOWN, 573102 HASSAN SHOP NO. 60 …PETITIONERS (BY SRI. G BALAKRISHNA SHASTRY.,ADVOCATE)
AND:
1. STATE OF KARNATAKA DEPARTMENT OF MUNICIPAL ADMINISTRATION, M.S. BUILDING, BANGALORE 560 001 REPRESENTED BY ITS SECRETARY
2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN. 573201
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HC-KAR NC: 2026:KHC:5096 WP No. 28326 of 2024 C/W WP No. 28112 of 2024 WP No. 28358 of 2024 AND 2 OTHERS
3. THE CHIEF OFFICER, ARAKALGUDU PATTAN PANCHAYAT, NOW REPRESENTED BY THE ADMINISTRATOR, TAHASILDAR. ARAKALGUD TOWN HASSAN DISTRICT 573102
…RESPONDENTS (BY SRI. A.M. BALAJI., ADVOCATE FOR C/R3; SRI.
BOPPANNA BELLIYAPPA., AGA FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT QUASHING THE NOTIFICATION DTD. 05.10.2024 IN NO. SUM.PA.PAM.A/KUM.SHAA/MALIGE/HARAJU/01/2024-25 ISSUED BY THE R-3 PRODUCED AT ANNX-A IN SO FAR AS SHOP NO. 53 TO 60 NOTIFIED AT SERIAL NO. 53 TO 60. SITUATED AT SANTHE MALA MAIN ROAD, (HENTAGE ROAD) AT ARAKALAGUD COPY OF WHICH NOTIFICATION IS PRODUCED AT ANNX-A AND ETC. IN WP NO. 28112/2024 BETWEEN:
1. SMT. P SUJATHA W/O. LATE H.V.PANDURANGASHETTY, AGED ABOUT 71 YEARS, R/O. HENTAGERE ROAD, WARD NO. 14, ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102. 2. SRI. H.P. KIRAN KUMAR S/O. LATE H.V.PANDURANGASHETTY, AGED ABOUT 50 YEARS, R/O. HENTAGERE ROAD, WARD NO. 14, ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102. 3. A.N. HARISH S/O. NANJUNDA SHETTY, AGED ABOUT 59 YEARS, R/O. PETE MAIN ROAD, ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102. - 4 -
HC-KAR NC: 2026:KHC:5096 WP No. 28326 of 2024 C/W WP No. 28112 of 2024 WP No. 28358 of 2024 AND 2 OTHERS
4. SMT. NAJIMA BEGUM W/O. ABDUL WAHID, AGED ABOUT 54 YEARS, KOTE LIBRARY ROAD ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102. 5. SRI. ABDUL WAHID S/O. SHAIK MOHIDDIN, AGED ABOUT 59 YEARS, KOTE LIBRARY ROAD ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102. 6. SRI. P.R. SATHYANARAYANA SHETTY S/O. RAJAGOPAL SHETTY, AGED ABOUT 61 YEARS, R/O. PETE MAIN ROAD. ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102. 7. SRI. P.L. JAGADISH S/O. LAKSHMANASHETTY, AGED ABOUT 59 YEARS, R/O. PETE MAIN ROAD, A RKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102. 8. SRI. P.L. NAGESH S/O. LAKSHMANSHETTY, AGED ABOUT 57 YEARS, R/O. PETE MAIN ROAD, ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102. 9. SRI.
RAMESH M.
S/O LATE MALLESHACHAR MK, AGED ABOUT 48 YEARS, R/A PETE MAIN ROAD, ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICRT 573 102
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10. SRI. YOGA A.M.
S/O. LATE MALLESHACHAR M.K.
R/O. PETE MAIN ROAD, ARKALAGUD TOWN, ARKALGUD HASSAN DISTRICT 573 102. 11. SRI. AMALAKCHAND S/O. BURA RAMJI, AGED ABOUT 72 YEARS, R/O. KOTE, BEHIND MINI VIDHANASOUDHA, ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102. 12. SRI. GOUTHAMCHAND S/O. AMALAKCHAND, AGED ABOUT 50 YEARS, R/O. KOTE, BEHIND MINI VIDHANASOUDHA, ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102. 13. SRI. RIZWAN PASHA S/O. LATE MOHAMMED HUSSAIN, AGED ABOUT 59 YEARS, R/O. BYPASS ROAD, ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102
14. SMT. MANGALA W/O. LATE A.P. GANESH, AGED ABOUT 58 YEARS, R/O. LIBRARY ROAD, KOTE, ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102. 15. SRI. ABZAL PASHA S/O. LATE SHEIK MOHIDDIN, AGED ABOUT 61 YEARS, R/O. KOTE, LIBRARY ROAD, ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102. 16. SRI. HONNAPPA S/O. LATE RUDRAPPA, AGED ABOUT 62 YEARS, R/O. KEB ROAD, ARKALAGUD TOWN,
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ARKALGUD, HASSAN DISTRICT 573 102. 17. SRI. MOHAMMED ALTHAF S/O. LATE MOHAMMED KHASIM SAB, AGED ABOUT 83 YEARS, R/O. BESTHARA BEEDI, ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102. 18. SRI. MYLARI S/O. LATE MALLU, AGED ABOUT 72 YEARS, R/O. PETE, KANAKA NAGARA, ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102. 19. SRI. A.G. RAVIKUMAR S/O. H.R. GOPALAKRISHNASHETTY, AGED ABOUT 58 YEARS, R/O. PETE MAIN ROAD, WARD NO.10, ARKALAGUD TOWN, ARKALGUD, HASSAN DISTRICT 573 102. ...PETITIONERS (BY SRI. RAMESH K R.,ADVOCATE)
AND:
1. THE STATE OF AKRNATAKA REPTD. BY ITS SECRETARY. URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN 573201. 3. MUNICIPAL COUNCIL ARKALGUD, HASSAN DISTRICT-573 102. REP. BY ITS CHIEF OFFICER.
...RESPONDENTS (BY SRI. A.M. BALAJI., ADVOCATE FOR C/R3;
SRI. BOPPANNA BELLIYAPPA., AGA FOR R1 & R2)
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HC-KAR NC: 2026:KHC:5096 WP No. 28326 of 2024 C/W WP No. 28112 of 2024 WP No. 28358 of 2024 AND 2 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR
ORDER OR DIRECTION QUASHING THE PUBLIC AUCTION NOTIFICATION ON 05.10.2024 BEARING NO.PA.PAM.AA/KAM.SHA/MALIGEHARAJU/01/ 2024-25 R3 AT ANNX-A FOR THE DISPOSAL OF THE SHOP PREMISES BELONGING TO THE ISSUED BY THE R-3 ON LEASE IN SO FAR AS IT RELATES TO THE SHOP PREMISES BEARING NOS.1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 19, 21, 24, 25, 27, 33, 63 AND 65 IN THE AFORESAID TOWN MUNICIPAL COMPLEXES SITUATED AT ARKALLGUD TOWN, ARKALGUD, WHICH ARE IN OCCUPATION OF THE PETITIONERS RESPECTIVELY AND ETC. IN WP NO. 28358/2024 BETWEEN:
1. SRI. NAGARAJU S/O LATE SANNAIAH, AGED ABOUT 52 YEARS, R/AT HENTAGERE, ARKALGUD TOWN, HASSAN DISTRICT-573201
2. SMT.JAYAMMA AGED ABOUT 50 YEARS W/O NAGARAJ PETE ARAKALAGUDU 573201 HASSAN DIST. 3. SRI GOUTHAM AGED ABOUT 38 YEARS, K.E.B. ROAD, PETE, ARKALGUD, HASSAN DISTRICT 573201
4. M T JAYALAKSHMI W/O A P MOHANKUMAR, AGED ABOUT 40 YEARS, R/AT PETE MAIN ROAD, ARKALGUD TOWN, HASSAN DISTRICT-573201 HASSAN
5. SMT. SUNITHA W/O ANNAPPA. - 8 -
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AGED ABOUT 38 YEARS R/AT CHOLENAHALLI VILLAGE, KASABA HOBLI ARKALGUD TALUK, HASSAN DISTRICT-573 201
6. A.N.PUTTASWAMY S/O LATE A P NAGAPPA, AGED ABOUT 50 YEARS, R/AT PETE MAIN ROAD, ARKALGUD TOWN HASSAN, DISTRICT-573 201
7. SRI. NOORULLA KHAN, SON OF SAGEER AHMAD, AGED ABOUT 45 YEARS, K.E.B.ROAD, PETE, ARKALGUD, HASSAN DISTRICT-573102
8. MAQBUL AHAMED S/O CHOTASAB AGED ABOUT 58 YEARS R/AT MUSLIM ROAD PETE ARKALGUD HASSAN DISTRICT-573201
9. A.G.BHASKAR S/O GANGADHARAIAH AGED ABOUT 35 YEARS KEB ROAD, ARKALGUD HASSAN DISTRICT-573201
10. B.C.SHEKAR S/O CHANNAPPA SHETTY AGED ABOUT 40 YEARS R/AT BASAVANAGUDI ROAD ARKALGUD HASSAN DISTRICT-573201
11. A.H.RAJANNA S/O HANUMANTHEGOWDA, AGED ABOUT 50 YEARS, R/O TELAGAVE ROAD, PETE ARKALGUD, HASSAN DISTRICT-573201
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12. M.R.RAMESH S/O RAMEGOWDA, AGED ABOUT 40 YEARS, R/O KOTE ARKALGUD, HASSAN DISTRICT-573201
13. AMARULLA KHAN S/O SRI.ABDULLA KHAN, AGED ABOUT 25 YEARS, K.E.B.ROAD, PETE, ARKALGUD, HASSAN DISTRICT-573102
14. SMT. SUSHEELAMMA, WIFE OF LATE SRINIVAS, AGED ABOUT 50 YEARS, K.E.B. ROAD, PETE, ARKALGUD, HASSAN DISTRICT 573201
15. SRI GOWDEGOWDA AGED ABOUT 63 YEARS, S/0 KARIGOWDA, R/O P CHAKANAHALLI. DODDAMAGGE HOBLI, ARKALGUD TALUK HASSAN DISTRICT-57320
16. SRI. MANJUNATHA. C. H AGED ABOUT 53 YEARS, S/O HUCHEGOWDA, R/O HENTAGERE ROAD, PETE ARKALGUD, ARKALGUD-573201
17.
SRI SYED MOHIYUDDIN AGED ABOUT 46 YEARS R/AT MUSLIM ROAD PETE ARKALGUD HASSAN DISTRICT-573201
18. SRI. THIMAPPA, AGED ABOUT 62 YEARS, R/O KOTE GANAPAATHY ROAD, KOTE ARKALGUD ARKALGUD 573201
19. SRI. PAPANNA, AGED ABOUT 62 YEARS, S/O LATE RAMEGOWDA,
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R/O KOTE GANAPAATHY ROAD, KOTE ARKALGUD ARKALGUD 573201
20. SRI.H.T.LOKESH, AGED ABOUT 44 YEARS, S/O THIMMEGOWDA, R/O HENTAGERE ROAD, PETE ARKALGUD ARKALGUD 573201
21. SRI. MANJUNATH A C, AGED ABOUT 61 YEARS, S/O CHANNAMARI SHETTY, R/O NO 101/10, PETE ARAKALAGUDU ARKALGUD 573201
22. SRI. LOKESH M R, AGED ABOUT 56 YEARS, S/O RAMEGOWDA, R/O PETE MACHAGOWDANA HALLI ARAKALAGUDU ARAKALAGUDU 573201
23. SRI. YOGESH, AGED ABOUT 50 YEARS, R/O KOTE GANAPAATHY ROAD, KOTE ARAKALAGUDU ARAKALAGUDU 573201
24. SRI. KRISHNEGOWDA, AGED ABOUT 50 YEARS, S/O RANGEGOWDA, R/O AA.NA. KRU. EXTENSIO N FORT ARAKALAGUDU, ARAKALAGUDU 573201
25. SRI KRISHNASHETTY AGED ABOUT 54 YEARS, K.E.B. ROAD, PETE, ARKALGUD, HASSAN DISTRICT 573201
26. SRI.ASHOKA S/O DASEGOWDA AGED ABOUT 40 YEARS, K.E.B. ROAD, PETE,
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ARKALGUD, HASSAN DISTRICT 573201 ...PETITIONERS (BY SRI. MOHAN P S.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPT. OF MUNICIPAL ADMINISTRATION, VIKASA SOWDA, BANGALORE 560 001. 2. THE DEPUTY COMMISSIONER HASSAN DIST. HASSAN 573102. 3. ARAKALAGUDU TOWN PANCHAYATH, ARAKALAGUDU TOWN HASSAN DISTRICT-573201 REP BY ITS CHIEF OFFICER ...RESPONDENTS (BY SRI. A.M. BALAJI., ADVOCATE FOR CR/R3;
SRI. BOPPANNA BELLIYAPPA., AGA FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, QUASHING THE IMPUGNED AUCTION NOTICE DTD 05.10.2024 BEARING NO. PA.PUM AA/CUM.SHA/MALIGAY HARAJU/01/2024- 25 AT ANNEXURE-F AND ETC. IN WP NO. 28607/2024 BETWEEN:
1.
SRI K S GOVINDARAJU, S/O LATE SUBBAIAH, AGED ABOUT 65 YEARS, PRESENTLY R/AT PETE HOUSING BOARD LAYOUT, SANTHEMAROORU ROAD, ARAKALGUDU TALUK, HASSAN DISTRICT
2. A.P MANJUNATH, S/O PAPANNA,
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AGED 50 YEARS, PRESENTLY R/AT KEB ROAD, ARAKALGUDU CITY AND ARAKALGUDU TALUK, HASSAN DISTRICT. 3. SRI N.K YOGESH, S/O KRISHNAPPA, AGED 50 YEARS, R/AT DODDAMMA CIRCLE, ARAKALGUDU TALUK, HASSAN DISTRICT- 573102. ...PETITIONERS
(BY SRI. NAIK NITYANAND VENKATARAMAN.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, M.S. BUILDING, BENGALURU- 560001. 2. THE COMMISSIONER, MUNICIPAL ADMINISTRATION, KGID BUILDING, PODIUM BLOCK, BENGALURU- 560001. 3. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573201. 4. THE ASSISTANT COMMISSIONER, SAKALESHPURA, HASSAN DISTRICT-573127. 5. THE CHIEF OFFICER, ARAKALAGUDU PATTANA PANCHAYATH, ARAKALGUDU, HASSAN DISTRICT- 573102. 6. THE PRESIDENT, PATTANA PANCHAYATH, ARAKALAGUDU HASSAN DISTRICT- 573102. - 13 -
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7. THE VICE PRESIDENT, PATTANA PANCHAYATH, ARAKALAGUDU, HASSAN DISTRICT- 573102. ...RESPONDENTS (BY SRI. A.M. BALAJI., ADVOCATE FOR C/R5;
SRI BOPPANNA BELLIYAPPA., AGA FOR R1 TO R3;
NOTICE NOT ORDERED IN R/O R4, R6 & R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED AUCTION NOTICE BEARING NO. BEARING NO. KRA.SAM.PA.PAM.A/KAM.SHA/MALIGE/ HARAJU/01-2024-25 DTD. 05.10.2024 ISSUED BY THE R-5 VIDE ANNX-A AND ALL FURTHER PROCEEDINGS AND ETC. IN WP NO. 33263/2024 BETWEEN:
1. PAPANNA @ LAKSHMEGOWDA AGED ABOUT 64 YEARS, S/O.SANNAPPA, R/O.AA.NA.KRU. CIRCLE, PETE ARKALGUD, ARKALGUD - 573201. 2. SMT. BHAGYAMMA, AGED ABOUT 54 YEARS, W/O. LATE SHIVANANJAPPA, R/O.AA.NA.KRU. EXTENSION, FORT ARKALGUD, ARKALGUD - 573201. 3. SRI DHARMEGOWDA, AGED ABOUT 49 YEARS, S/O.DEVARAJEGOWDA, R/O.KEB ROAD, PETE ARKALGUD, ARKALGUD-573201. 4.
SMT.KAMAKSHAMMA, AGED ABOUT 59 YEARS, W/O.LATE ANNAJIGOWDA,
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HENTAGERE ROAD, ARKALGUD-573102. 5. SMT. SARALAGOWRI, AGED ABOUT 55 YEARS, W/O.LATE SWAMY GOWDA, R/AT AA.NA. KRU. EXTENSION, PETE ARKALGUD, ARKALGUD - 573201. ...PETITIONERS
(BY SRI. SHAM SUNDAR P.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPT. OF MUNICIPAL ADMINISTRATION, VIKASA SOWDA, BANGALORE 560 001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN 573102. 3. ARAKALAGUDU TOWN PANCHAYATH, ARAKALAGUDU TOWN HASSAN DISTRICT-573201 REP BY ITS CHIEF OFFICER
...RESPONDENTS (BY SRI. A.M. BALAJI., ADVOCATE FOR C/R5;
SRI BOPPANNA BELLIYAPPA., AGA FOR R1 TO R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT QUASHING THE IMPUGNED AUCTION NOTICE DTD. 05.10.2024 BEARING NO. PA.PUM AA/CUM.SHA/MALIGAY HARAJU/01/2024- 25 AT ANNX-D ISSUED BY THE R-3 HEREIN AND ETC. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
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ORAL ORDER
1. The petitioners in following matters are before this Court seeking for the following reliefs;
In W.P.No.28326/2024 a. Issue a writ of certiorari or any other appropriate writ quashing the notification dated 05.10.2024 in No.SUM.PA.PAM,A/KUM.SHAA/MALIGE/HARAJU/01/ 2024-25 issued by the 3rd Respondent produced at Annexure-A in so far as shop No.53 to60 notified at serial No. 53 to 60 notified at serial No. 53 to 60 situated at Santhe Mala Main Road, (Hentage Road) at Arakalagudu, copy of which is notification is produced at Annexure-A.
b. Issue any other writ or directions to meet the ends of justice. In W.P.No.28112/2024 a. Issue a writ of Certiorari or any other appropriate writ or order or direction quashing the Public Auction Notification on 05.10.2024 bearing No.Pa.Pam.Aa/Kam. Sha/Malige Haraju/01/2024 - 25 issued by the 3rd respondent at Annexure-A for the disposal of the shop premises belonging to the, 3rd respondent on lease in so far as it relates to the shop premises bearing Nos. 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 19, 21, 24, 25, 27, 33, 63 & 65 in the aforesaid Town Municipal Complexes situated at Arkalgud Town, Arkalgud, which are in occupation of the petitioners respectively; and
b. Grant such other relief/reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case. In W.P.No.28358/2024 a. Issue a writ of Certiorari or any other appropriate writ quashing the impugned Auction Notice dated 05.10.2024 bearing No. PA.PUM.AA/CUM.SHA/ MALIGAY HARAJU/01/2024-25 at Annexure-F issued
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by the Respondent No.3 herein so far as the petitioner is concerned. b. Grant costs in the matter;
c. Grant such other relief and give such other orders and directions as the Hon’ble Court may deem fit in the circumstances. In W.P.No.28607/2024 i. Issue a writ of Certiorari or any other appropriate writ quashing the impugned Auction Notice dated 05.10.2024 bearing No. Kra.Sam.Pa.Pam.A/Kam.Sha/ Malige/Haraju/01- 2024-25 dated 05.10.2024 issued by the Fifth Respondent vide Annexure-A and all further proceedings;
ii.
To Issue Writ, Order or direction in the nature of mandamus restraining the Respondent No.3 to 7 from dispossessing the Petitioners from shop No: 28, 29 and 20 respectively in the commercial complex constructed by the Pattana Panchayat, Arkalgudu;
iii. Issue Writ, Order or direction in the nature of mandamus directing the Respondent No.4 and 5 to issue the fresh Auction Sale Notice providing proper reservation in favour of Schedule Caste, Schedule Tribes, Physically Disabled Persons, Women and Ex-Servicemen by removing the uncertainities and ambiguities;
iv. To pass such other orders or directions as this Hon'ble Court deems fit in the
facts and circumstances of the case including an order as to the cost of this Writ Petition, in the interest of justice and equity.
In W.P.No.33263/2024 i. Issue a writ of Certiorari or any other appropriate writ quashing the impugned Auction Notice dated
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05.10.2024 bearing No. Pa.Pum Aa /Cum.Sha/ Malige/Haraju/01-2024-25 at Annexure-D issued by R3 herein;
ii. Set aside the auction conducted on 25.10.2024, as illegal, arbitrary, non-transparent and not sustainable in law;
iii. Grant costs of the petition.
iv. Grant such other reliefs/orders and directions as the Hon’ble Court may deem fit in the circumstances of the case, in the interest of justice and equity.
2.
Learned counsel for respondents submits that the present auction notification is going to be withdrawn by respondents within a period of seven(07) days from today. He seeks permission to refund the money to the L1 bidders at the auction as also to rework the auction notification in terms of the applicable new proposal.
3. He submits that proposal will be sent to the Government with the revised auction notification and parameters, as and when the same is approved, the fresh auction notification will be issued, wherein the petitioners could also participate.
The said submission answers the grievance of the petitioners.
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4. Placing the said submission on record, the petitions stand disposed of by directing the respondent-State to consider the revised auction notification and laying down the guidelines for allotment of the shops to each of the categories including persons with physical disabilities and those belongs to Scheduled Caste and Scheduled Tribe Category, etc.,
5. Placing the said submission on record, the petitions stand disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE
SR List No.: 1 Sl No.: 63