The court established that the expiration of the license period allowed for the auction of the shops, while ensuring that the petitioners retained the right to participate and comply with auction requirements.

ORDER

1. Learned HCGP accepts notice for respondent No.1. Sri.Mahesh.S, learned counsel accepts notice for respondent No.2.

2. The petitioners are before this Court seeking for the following reliefs:

i) Issue a writ of certiorari by quashing the publication bearing No. Da.Ma.Na.Pa/KaSa/Others/CR/20/2019-20, dated 17.11.2023 issued by the 2nd Respondent at Annexure-AM in so far as the shops occupied by the petitioners are concerned.

ii) And pray for writ of mandamus by directing the R2 to consider the representation of the petitioners dated 06.11.2023 produced at Annexure-AN.

iii) Pass such other order or direction under the facts and circumstances of the case by allowing the petition of the petitioner in the interest of justice and equity.

3. The contention of the petitioners is that even before the expiry of the period of licence, the respondents are proposing to auction the shops as detailed in the paper publication dated 17.11.2023 at Annexure-A. Apart there from, he submits that the said paper publication is issued even prior to consideration of representation of the petitioners dated 6.11.2023 and it is in that background that the petitioners are before this Court seeking for the aforesaid reliefs.

4. Sri.Mahesh.S, learned counsel for respondents No.2 submits that the period of licence has already expired inasmuch as though the possession notice indicated the period to be 12 years from 1.04.2012 to 31.03.2023, the same appears to be a typographical error which can be seen from the licence agreement entered into wherein it is clearly stated that it is from 1.04.2011 to 31.03.2023. The said period having expired on 31.03.2023, the impugned paper publication has been issued calling for auction. By relying upon the Karnataka Public Premises Eviction of Unauthorised Occupants Rules, 1980, he submits that the petitioners would always have an option to participate in the said auction or exercise first right of refusal in relation thereto.

5. In that view of the matter, I pass the following:

ORDER

i. The writ petition stands disposed with liberty being granted to the petitioners to participate in the auction to be held on 17.11.2023.

ii. In the event of any compliances to be made by the petitioners to participate in the said auction, respondent No.2 shall grant extension of time to the petitioners till 10.00 a.m. tomorrow.

iii. Insofar as any deposits to be made, there being no time for doing the needful, the requirement of making any deposit is waived insofar as petitioners are concerned.

iv. Needless to say, in the event of the petitioners succeeding in the auction, they will have to comply with all requirements and will be entitled to continue their possession in respect of their respective shops. However, in the event the petitioners not being successful in the auction or while exercising right to first refusal, the petitioners would have to vacate the premises within a period of 30 days from the date of confirmation of auction in favour of the successful bidders.

v. It is further made clear that the petitioners would be entitled to participate in the auction only in respect of their respective shops and not in respect of any other shops and the participation will be by themselves and not through any other relative, agency or the like.

vi. Counsel for respondent No.2 is directed to inform respondent No.2 about the above order and act on the same even if copy of the same is not received by respondent No.2.