- 1 - HC-KAR NC: 2026:KHC-D:615 WP No. 101138 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.101138 OF 2022 (LB-RES) BETWEEN: LATE. M.S.BALAKRISHNA B. WADKAR BY HIS LR’s. VISHWANATH G. WADKAR AGE: 88 YEARS, OCC: BUSINESS, R/O. #1237, MARUTI GALLI, TQ. AND DIST: KARWAR-580031. …PETITIONER (BY SRI. SHIVA SHIRUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, REPRESENTED BY ITS SECRETARY, M.S.BUILDING, VIDHANA VEEDHI, BANGALORE-560001. 2. THE DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT, KARWAR-580031. 3. THE CITY MUNICIPAL COUNCIL KARWAR, REPRESENTED BY ITS COMMISSIONER-580031. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1 AND R2; SRI. S.V.YAJI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ISSUANCE OF NOTICE BEARING NO.NASAKAA.KAM. VI.MALIGE.VIVA.2021-22 DATED 19.07.2021 VIDE ANNEXURE-B AND NOTICE BEARING NO. NASAKAA.KAM. VI.MALIGE.VIVA.2021-22 DATED 12.10.2021 VIDE ANNEXURE-C, ISSUED BY THE RESPONDENT NO.3 AND ETC. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.07 10:07:52 +0530 - 2 - HC-KAR NC: 2026:KHC-D:615 WP No. 101138 of 2022 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 ORAL ORDER The petitioner has called in question the legality and validity of the impugned show-cause notices dated 19.07.2021 and 12.10.2021 (Annexures-B and C) issued by the respondent-authority, whereby the petitioner is called upon to pay alleged arrears of rent, failing which coercive action is proposed. 2. Brief facts: The petitioner was in occupation of the premise belonging to respondent-authority for several decades and has been carrying on business therein for his livelihood. Though the original lease periods had expired, the petitioner had continued in possession and has been paying rent as fixed by the respondent-authority from time to time. While so, the respondent-authority issued the impugned show- cause notices (Annexures-B and C) demanding payment of - 3 - HC-KAR NC: 2026:KHC-D:615 WP No. 101138 of 2022 alleged arrears of rent and threatening further action. Aggrieved by the same, the petitioner has approached this Court. 3. Learned counsel for the petitioner submits that the impugned show-cause notices are wholly arbitrary and unsustainable in law. The notices do not indicate under which provision of law the respondent claims authority to raise the demand and also fail to disclose the period for which the rent is allegedly due, thereby rendering the demands vague and unenforceable. It is submitted that in the absence of such foundational particulars, the petitioner is denied a meaningful opportunity to respond, resulting in violation of the principles of natural justice. It is contended that the impugned show-cause notices deserve to be quashed. 4. Per contra, learned counsel appearing for the respondent-authority sought to justify the issuance of impugned notice and submits that the respondent- - 4 - HC-KAR NC: 2026:KHC-D:615 WP No. 101138 of 2022 authority is entitled to recover arrears of rent from the petitioner in accordance with law. 5. The point that arises for consideration is; “Whether the impugned show-cause notices (Annexures-B and C), are legally sustainable?” 6. On careful consideration of the pleadings and submissions made, this Court finds that the impugned show-cause notices suffer from serious infirmities. The notices do not disclose the provision of law under which the respondent-authority has sought to raise the demands, nor do they indicate the period for which the petitioner is alleged to be in arrears of rent. These particulars constitute the very foundation of a valid demand. In the absence of such essential particulars, the petitioner is deprived of a meaningful opportunity to submit effective responses. The show-cause notices which are vague as to the source of power and extent of liability reflect non-application of mind, and are contrary to the principles of fairness and natural - 5 - HC-KAR NC: 2026:KHC-D:615 WP No. 101138 of 2022 justice. This Court is therefore of the considered view that the demands of arrears of rent, without specifying the statutory authority for such demands and without disclosing the periods of alleged default, cannot be sustained in law. Consequently, the impugned show-cause notices (Annexures-B and C) are arbitrary and unsustainable in law and are liable to be quashed. 7. Accordingly, this Court passed the following; ORDER i. The writ petition is allowed. ii. The impugned show-cause notices (Annexures-B and C) are hereby quashed. iii. Liberty is reserved to the respondent-authority to take appropriate action in accordance with law, if so advised. Sd/- JUSTICE K.S.HEMALEKHA AM/- Ct:VH List No.: 1 Sl No.: 93