- 1 - HC-KAR NC: 2026:KHC-D:802 WP No. 104226 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.104226 OF 2025 (GM-TEN) BETWEEN: 1. SHRI. SYEAD NAZIR PIRZADE S/O. SYED NAZIR PIRAZADE, AGE. 75 YEARS, OCC. BUSINESS, R/O. #206, PEERZADE GARDEN, JALI ROAD, VTC BHATKAL, DIST. UTTARA KANNADA, PIN CODE-581320. 2. SHRI. GULAM SARVAR SIDDIQUE S/O. GULAM NABI SIDDIQUE, AGE. 55 YEARS, OCC. BUSINESS, R/O. #565/2, NIDA MANSION, 6TH CROSS, AZAD NAGAR, BANGARAMAKKI JALI, BHATKAL, DIST. UTTARA KANNADA, PIN CODE-581320. 3. SHRI. DATTATRYA ACHARI S/O. SHRINIVAS ACHARI, AGE. 55 YEARS, OCC. BUSINESS, R/O. #297, JALI BHATKAL, JALI, DIST. UTTARA KANNADA, PIN CODE-581 320. …PETITIONERS (BY SRI. SANTOSH RAWOOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT, Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:802 WP No. 104226 of 2025 M.S. BUILDING, BENGALURU-01. 2. THE STATE OF KARNATAKA, REPRESENTED BY UNDER SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BENGALURU-01. 3. CHIEF OFFICER, TOWN PANCHAYAT JALI, TQ. BHATKAL, DIST. UTTARA KANNADA, PIN CODE-581320. 4. PRESIDENT, TOWN PANCHAYAT JALI, TQ. BHATKAL, DIST. UTTARA KANNADA, PIN CODE-581320. …RESPONDENTS (BY SMT. GIRIJA HIREMATH, HCGP FOR R1 AND R2; SRI. S.V. YAJI, ADVOCATE FOR R3 AND R4 (VK NOT FILED)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO: a) ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED COPY OF THE TENDER NOTIFICATION DATED 10/06/2025 ISSUED BY THE RESPONDENT NO.3 AND 4 BEARING NO.P.PANJALI/ KA.V/H.PRA/VIVA/2025-26/120 TO BE HELD ON 09/07/2025 VIDE ANNEXURE-M, IN THE INTEREST OF JUSTICE AND EQUITY. b) THE RESPONDENT NO.3 AND 4 MAY KINDLY BE DIRECTED TO EVICT THE PETITIONERS FORM THE PREMISES BY FLOWING DUE PROCESS OF LAW IN RESPECT OF SHOP NO.1,2,4 BELONGING RESPONDENT NO.3, IN THE INTEREST OF JUSTICE AND EQUITY. c) ISSUE A WRIT OF MANDAMUS, DIRECTION TO THE RESPONDENTS TO PASS APPROPRIATE ORDERS AS THE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2026:KHC-D:802 WP No. 104226 of 2025 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: “a) Issue a writ in the nature of certiorari and quash the impugned copy of the tender notification dated: 10/06/2025 issued by the respondent No.3 and 4 bearing No.P.PANJALI/KA.V/H.PRA/VIVA/2025-26/ 120 to be held on 09/07/2025 vide Annexure-M, in the interest of justice and equity. b) The respondent No.3 and 4 may kindly be directed to evict the petitioners form the premises by flowing due process of law in respect of Shop No.1,2,4 belonging respondent No.3, in the interest of justice and equity. c) Issue a writ of mandamus, direction to the respondents to pass appropriate orders as the court deems fit under the facts and circumstances of the case to meet the ends of justice and equity.” 2. The facts of the case of the petitioners are that the petitioner No.1 was allotted Shop No.1 on a monthly rent basis belonging to respondent No.3. It is the case of the petitioners that the shop was old and the petitioner No.1 invested an amount for its improvement and started a stationary shop in the said premises. The original agreement was for eleven months and same continued till today. It is the case of the petitioners - 4 - HC-KAR NC: 2026:KHC-D:802 WP No. 104226 of 2025 that petitioner No.1 is in possession of the shop for more than sixteen years and the respondents, without evicting the petitioner No.1 from the said shop, they are conducting the auction, which is arbitrary and illegal. 3. The learned counsel appearing for the respondents submits that a notice was issued by the respondents under Section 4 of the Karnataka Public Promises (Eviction of Unauthorized Occupants) Act, 1974 (for short ‘the Act’) and an order was passed on 26.12.2023 and thereafter, they have issued the tender notification. Petitioner No.1 had questioned the said tender notification before this Court. It is submitted that against an order passed under Section 5 of the Act, an appeal lies to the District Court under Section 10 of the Act. It is submitted that without questioning the said order, the petitioners cannot stall the tender process. 4. Having heard the learned counsels on either side, perused the material on record. 5. Admittedly, in this case, the lease was granted in the year 2010 for a period of eleven months extendable up to three - 5 - HC-KAR NC: 2026:KHC-D:802 WP No. 104226 of 2025 years. In this case, for a period of sixteen years, the petitioner No.1 has been in occupation of the property. The petitioners have no legal right to continue in the said property, when the lease is not extended. Mere acceptance of the rent by the respondents would not give any right to the petitioners. That apart, when an order is passed under Section 5 of the Act as long as back in the year 2023 and thereafter, when a tender notification is issued, the petitioners have come before this Court by filing this writ petition in the year 2025. Even on that ground also, the writ petition is not maintainable. Hence, this Court is passing the following: ORDER (i) Accordingly, the writ petition is disposed off giving liberty to the petitioners to avail appropriate remedies, in accordance with law. (ii) All I.As., in this writ petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN, CT: UMD List No.: 2 Sl No.: 14