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2024 Supreme(Online)(Kar) 38659

KARNATAKA HIGH COURT
SRI. S RAJU – Appellant
Versus
STATE OF KARANATAKA – Respondent


ORDER

The petitioners are in possession of the different properties granted to them on lease by the Malur Municipal Council, and the petitioners are aggrieved by the decision to issue tender for grant of fresh lease of these premises. It is undisputed that the Municipal Council has proposed fresh tender because the lease granted in favour of the petitioners and others has expired.

WP No. 8106 of 2018 This Court, on 14.03.2024, has called upon the learned counsels for the petitioners to respond in the light of a string of decisions by this Court extending opportunity to the tenants, who have continued in possession after the expiry of the lease period, to participate in the auction subject to the right of refusal lest they incur the possibility of being blacklisted if they insist upon eviction and after due process.

The learned counsel for the petitioners are unanimous in their submission that the Municipal Council may be permitted to issue fresh notification inviting offers for grant of fresh lease but with right of first refusal to them with liberty to offer 5% more than the highest bids received for their corresponding shops. Sri Ramesh Kumar R V, the learned counsel for the second

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