- 1 - HC-KAR NC: 2026:KHC-D:1426 WP No. 108553 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 108553 OF 2019 (LB-RES) BETWEEN: 1. SRI. SURESH SOMAPPA MEDLERI AGED ABOUT: 35 YEARS, OCC: BUSINESS, SHOP NO.6, BHANU MARKET, LAXMESHWAR, SHIRAHATTI TALUK, GADAG DISTRICT. 2. SRI. M.G. KASHASHETTY S/O. GURUBASAPPA AGED ABOUT: 75 YEARS, OCC: BUSINESS, SHOP NO.3, BHANU MARKET, LAXMESHWAR, SHIRAHATTI TALUK, GADAG DISTRICT. 3. SRI. S.P. SANDESH PANDEY S/O. PADMANAB AGED ABOUT: 55 YEARS, OCC: BUSINESS, SHOP NO.5, BHANU MARKET, LAXMESHWAR, SHIRAHATTI TALUK, GADAG DISTRICT. 4. SRI. A.T.MENAJIGI S/O. TAVANAPPA AGED ABOUT: 45 YEARS, OCC: BUSINESS, SHOP NO.2, BHANU MARKET, LAXMESHWAR, SHIRAHATTI TALUK, GADAG DISTRICT. 5. SRI. S.C. GANGI S/O. CHANDRAPPA AGED ABOUT: 60 YEARS, OCC: BUSINESS, SHOP NO.4, BHANU MARKET, LAXMESHWAR, SHIRAHATTI TALUK, GADAG DISTRICT. 6. SRI. VITHOBA BADI S/O. HARISA AGED ABOUT: 62 YEARS, OCC: BUSINESS, SHOP NO.1, BHANU MARKET, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.11 12:17:47 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1426 WP No. 108553 of 2019 LAXMESHWAR, SHIRAHATTI TALUK, GADAG DISTRICT. …PETITIONERS (BY SRI. SUNIL S.DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, M.S. BUILDINGS, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER GADAG DISTRICT, GADAG. 3. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL, LAXMESHWAR, SHIRAHATTI TALUK, GADAG DISTRICT. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 AND R2; SRI. G.N.NARASAMMANAVAR, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE TENDER NOTIFICATION BEARING NO.¥ÀĸÀ®/PÀA.«/ªÀĽUÉ/°Ã¯ÁªÀÅ/2018-19 dated 18.02.2019 ISSUED BY 3RD RESPONDENT AS PER ANNEXURE-D AS ARBITRARY, ILLEGAL AND VOID IN THE INTEREST OF JUSTICE; DIRECT THE RESPONDENTS TO CONSIDER THE CLAIM OF THE PETITIONER FOR CONTINUATION IN THEIR RESPECTIVE SHOP AS INDICATED IN ANNEXURE-A (TABLE) AND PERMIT THEM TO DO BUSINESS AS BEFORE BY ACCEPTING/ARRIVING AT A REASONABLE RENT AND ALSO BY CONSIDERING THE REPRESENTATIONS AS PER ANNEXURES-F TO F5 DATED 08.03.2019 AND TO PASS APPROPRIATE SUITABLE ORDERS, IN THE INTEREST OF JUSTICE AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:1426 WP No. 108553 of 2019 ORAL ORDER The petitioners have approached this Court seeking for the following relief; (i) ISSUE A WRIT OF CERTIORARI quashing the tender notification bearing No.¥ÀĸÀ®/PÀA.«/ªÀĽUÉ/°Ã¯ÁªÀÅ/2018-19 dated 18.02.2019 issued by 3rd respondent as per Annexure-D as arbitrary, illegal and void in the interest of justice; (ii) DIRECT the respondents to consider the claim of the petitioners for continuation in their respective shop as indicated in Annexure-A (table) and permit them to do business as before by accepting/arriving at a reasonable rent and also by considering the representations as per Annexures-F to F5 dated 08.03.2019 and to pass appropriate suitable orders, in the interest of justice. (iii) Issue any other incidental or consequential relief/s as deemed fit in the facts and circumstances and in aid of the main relief - 4 - HC-KAR NC: 2026:KHC-D:1426 WP No. 108553 of 2019 sought for, in the interest of justice and equity. 2. Learned counsel for the petitioners submits that, notwithstanding the issuance of tender notification dated 18.02.2019, the petitioners are continuing in possession of their respective shops and as on date, there is no eminent threat of dispossession. 3. The said submission is recorded. 4. In view of the above submission, since no immediate cause for adjudication survive at this stage, the writ petition does not call for further consideration on merits. Accordingly, the writ petition stands disposed of reserving liberty to the petitioners to approach this Court, if so need arises in accordance with law. Sd/- JUSTICE K.S.HEMALEKHA PJ/Ct:VH List No.: 1 Sl No.: 69