- 1 - HC-KAR NC: 2026:KHC:21526 WP No. 12361 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 12361 OF 2026 (LB-RES) BETWEEN: 1. SRI. SURESH KUMAR S/O S.SHIVARAMA RAO AGED ABOUT 53 YEARS R/AT THYAGARAJA COLONY PANADAVAPURA TOWN PANDAVAPURA MANDYA DISTRICT KARNATAKA-571 434. …PETITIONER (BY SRI. S. SHEHINSHA ALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY MUNICIPAL ADMINISTRATION-2 AND URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKASA SOUDHA DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001. 2. DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571 401. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21526 WP No. 12361 of 2026 3. PANDAVAPURA TOWN MUNICIPAL COUNCIL PANDAVAPPURA, MANDYA DISTRICT-571 434. REPRESENTED BY ITS CHIEF OFFICER. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 AND R2; SRI. G.M.ANAND, ADVOCATE FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING/STRIKING DOWN THE NOTIFICATION DATED 20.03.2026 VIDE NO.Pu.sa.ka..pam/kam.sha/e-haraju/01/2025-26 VIDE ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner is said to have been allotted shop no.1, situated at Pandavapura Bus Stand by respondent No.3 on lease on 21.02.2003 for a period of 2 years 11 months. The term of the lease / license has already been over. However, the petitioner has not vacated the premises. Now the said shop is brought to auction and the - 3 - HC-KAR NC: 2026:KHC:21526 WP No. 12361 of 2026 auction is scheduled on 23.04.2026. In spite of issuing notice to the petitioner, he has not vacated the same and has challenged the action of respondent No.3 in bringing the said shop for auction in the present writ petition. 2. The case of the petitioner is that, though his term of lease/license is over, he can be dispossessed of the property only in the manner known to law and not otherwise. 3. True, a person can be dispossessed of Government property only in the manner known to law and not otherwise. However, at the same time, the petitioner does not have the right to cling on to the property in violation of the law when the lease/license period of the property is already over. It is also not clear whether the petitioner is still in possession of the property or not. Hence, the following: - 4 - HC-KAR NC: 2026:KHC:21526 WP No. 12361 of 2026 ORDER i. Respondent No.3 is at liberty to auction the property as contemplated in law. ii. If the petitioner has not already been evicted, respondent No.3 shall evict the petitioner only in the manner known to law and not otherwise. iii. As the petitioner is said to have overstayed in the property, liberty is granted to respondent No.3 to recover mesne profits from the petitioner by initiating appropriate proceedings in the manner known to law. iv. The writ petition stands disposed of accordingly. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 15