- 1 - HC-KAR NC: 2026:KHC-D:614 WP No. 101078 of 2022 C/W WP No. 101095 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.101078 OF 2022 (LB-RES) C/W WRIT PETITION NO. 101095 OF 2022 (LB-RES) IN WP No. 101078/2022: BETWEEN: DEVAPPA LAKSHMAN SHETTI (SINCE DEAD) REP. BY HIS LR’s. NITYANAND S/O. DEVAPPA SHETTI AGE: 60 YEARS, OCC: GENERAL STORES, R/O. SHOP NO.4, BUILDING NO.1341, KODIBAG MAIN ROAD, TQ. AND DIST: KARWAR-581301. …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, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT, KARWAR-581301. 3. THE CITY MUNICIPAL COUNCIL KARWAR, REPRESENTED BY IT’S COMMISSIONER-581301. …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 SHOW CAUSE NOTICE BEARING NO.NASAKAA. KAM. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.07 10:07:47 +0530 - 2 - HC-KAR NC: 2026:KHC-D:614 WP No. 101078 of 2022 C/W WP No. 101095 of 2022 VI.MALIGE. VIVA. 2021-22 DATED 20.07.2021 VIDE ANNEXURE-B, AND NOTICE BEARING NO.NASAKAA.KAM.VI.MALIGE. VIVA.2021-22 DATED 08.12.2021 DEMANDING TO DEPOSIT OF RS.79,635/- VIDE ANNEXURE-C AND ETC. IN WP NO. 101095/2022: BETWEEN: SHANTABAI W/O. BABAYYA PRABHU SINCE DEAD, R/BY LR’s. VASUDEV BABAYYA PRABHU KARWAR R/BY GPA HOLDER ARUN ANANDU MHALSEKAR MAHALSAWADA KAJUBAG KARWAR AGE. 53 YEARS, OCC. BUSINESS, R/O. SHOP NO. 1, SUNDAY MARKET MAIN ROAD, 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. 2. THE DEPUTY COMMISSIONER UTTAR KANNADA DISTRICT, KARWAR-580031. 3. THE CITY MUNICIPAL COUNSEL KARWAR REPRESENTED BY ITS COMMISSIONER. ...RESPONDENTS (BY SHRI ASHOK T.KATTIMANI, AGA FOR R1 AND 2) (BY 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 SHOW CAUSE NOTICE BEARING NO.NASAKAA.KAM.VI.MALIGE.VIVA.2021-22 DATED 26/07/2021 VIDE ANNEXURE-B AND SHOW CAUSE NOTICE BEARING NO.NASAKAA.KAM.VI.MALIGE.VIVA.2021-22 DATED 12/10/2021 VIDE ANNEXURE-C, DEMANDING TO DEPOSIT OF RS.79,635/- AND ETC. - 3 - HC-KAR NC: 2026:KHC-D:614 WP No. 101078 of 2022 C/W WP No. 101095 of 2022 THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER These writ petitions call in question the legality and validity of the impugned show-cause notices (Annexures-B and C) issued by the respondent-authority, whereby the petitioners are called upon to pay alleged arrears of rent, failing which coercive action is proposed. 2. Brief facts: The petitioners were in occupation of the premises belonging to the respondent-authority for several decades and have been carrying on business therein for their livelihood. Though the original lease periods had expired, the petitioners had continued in possession and have 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 alleged arrears of rent and - 4 - HC-KAR NC: 2026:KHC-D:614 WP No. 101078 of 2022 C/W WP No. 101095 of 2022 threatening further action. Aggrieved by the same, the petitioners have approached this Court. 3. Learned counsel for the petitioners 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 petitioners are denied a meaningful opportunity to respond, resulting in violation of the principles of natural justice. Accordingly, 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- - 5 - HC-KAR NC: 2026:KHC-D:614 WP No. 101078 of 2022 C/W WP No. 101095 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 notice 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 petitioners are 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 petitioners are 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 - 6 - HC-KAR NC: 2026:KHC-D:614 WP No. 101078 of 2022 C/W WP No. 101095 of 2022 principles of fairness and natural 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 pass the following; ORDER i. The writ petitions are 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/- List No.: 1 Sl No.: 63