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2021 Supreme(Kar) 390

M.NAGAPRASANNA
Arun Kumar – Appellant
Versus
State of Karnataka Represented by Its Secretary Dept of Municipal Administration – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri.Jayakumar S Patil, Senior Advocate A/W Sri.Mohan P.S., Advocate (Physical Hearing)
For the Respondent:Sri.Nithyananda K.R., HCGP (Physical Hearing), Sri.H.T.Nataraj, Advocate (Physical Hearing)

ORDER :

Petitioners in this batch of petitions, call in question an auction notification issued by the 3rd respondent/Arkalgud Town Panchayat, Arkalgud Town (hereinafter referred to as ‘the Panchayat’ for short) seeking to auction 61 shops out of 112 shops which are under its control. The notification of auction is issued on 20th September, 2021 seeking to auction lease of shops on 28th, 29th and 30th October, 2021. A consequential direction is also sought by issuance of a writ in the nature of mandamus to consider their representations submitted for extension of lease up to 2024.

2. Heard the learned Senior Counsel Sri Jayakumar S.Patil representing the petitioners in most of the cases and Sri Nagaiah, learned counsel for one of the petitioners, learned Additional Government Advocate representing the State and its authorities and Sri H.T.Nataraj, learned counsel appearing for the Panchayat in all these cases.

3. Brief facts leading to the filing of the present petitions, as borne out from the pleadings, are as follows:-

The petitioners claim that they are carrying on business in the shops owned by the 3rd respondent/Panchayat for more than 25 years. Initially the shops were petty shop

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