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2025 Supreme(Online)(Kar) 31270

KARNATAKA HIGH COURT
B M SHYAM PRASAD, J
SRI. JAVEED ALI – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
For the Appellants/Petitioners: SRI. SIDDAMALLAPPA P M., SMT. SUMAN HEGDE
For the Respondents: SMT.VAHEEDA., SRI B.J. SOMAYAJI, SRI T.A. KARUMBAIAH

Table of Content
1. petitioners challenge the notification regarding their occupancy rights. (Para 1 , 2)
2. court analyzes compliance of petitioners with the right of first refusal. (Para 3 , 4 , 5)
3. conditions set for retaining occupancy and implications of non-compliance. (Para 6)

ORAL ORDER

The petitioners, who are street vendors, have been rehabilitated permitting them to occupy the commercial shops constructed by the second respondent, and they are aggrieved by the Public Notification dated 12.02.2024 [Annexure-E] published in Prajavani, a Kannada News Daily, and while challenging this Notification, the petitioners have sought for directions to the second respondent to remove the lock put to the shops and permit them to occupy these shops.

2. During the course of hearing this petition on 05.12.2024, Sri B J Somayaji, the learned counsel for the second respondent, invited this Court's attention to certain averments in the Statement of Objections and placed on record the following:

"[a] The petitioners in Nos. 2,6,22,23,34,36,42,47,52,56 and 60 have accepted the exercise of Right of First Refusal and deposited the rentals at the rate of 5% more than the highest bid and the second re

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