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NC: 2026:KHC:21195 WP No. 12397 of 2026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF APRIL, 2026

BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN

WRIT PETITION NO.12397 OF 2026 (LB-RES)

BETWEEN:

SRI JAYARAMU S/O MARIGOWDA,

MERCHANT OF SHOP NOS.3 AND 7, AGED ABOUT 53 YEARS,

RESIDING AT NO.16 WARD, BEHIND POST OFFICE, V C COLONY,

PANDAVAPURA TOWN, MANDYA DISTRICT-571434.

(SHOP NO-3, NOW RENUMBERED AS SHOP NO.12) (SHOP NO-7, NOW RENUMBERED AS SHOP NO.11)

…PETITIONER (BY SRI. A.V. GANGADHARAPPA, ADVOCATE FOR

SRI. DHANANJAY K M., ADVOCATE)

AND:

Digitally signed by GEETHA P G 1. STATE OF KARNATAKA

Location: REPRESENTED BY ITS SECRETARY, HIGH DEPARTMENT OF MUNICIPAL ADMINISTRATION, COURT OF

KARNATAKA VIDHANA SOUDHA, BENGALURU 560001

2. THE TOWN PANCHAYAT PANDAVAPURA, REPRESENTED BY ITS CHIEF OFFICER,

MANDYA DISTRICT-571434.

3. THE DEPUTY COMMISSIONER, MANDYA DISTRICT-571401.

…RESPONDENTS

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NC: 2026:KHC:21195 WP No. 12397 of 2026

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(BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 & R3;

SRI. G. M. ANAND, ADVOCATE FOR R2)

THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE NOTIFICATION OF PUBLIC AUCTION BEARING NO. PU.SA.KAA.PAAM/KAM.SHAA/E- HARAAJU/01/2025-26 DATED 20.03.2026 ISSUED BY THE RESPONDENT NO.2 IS PRODUCED AS ANNEXURE-F IN SO FAR AS IT RELATES TO SHOP NOS.3 AND 7 (NOW RENUMBERED AS SHOP NOS.12 AND 11 AS PER THE NOTIFICATION DATED 20.03.2026) WHICH ARE UNDER THE OCCUPATION OF

PETITIONER IS CONCERNED; ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

1. The petitioner is said to have been allotted shop Nos.3 and 7 at Pandavapura Bus Stand by respondent No.2 on lease on 20.02.2003 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 shops are brought to auction and the 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

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respondent No.2 in bringing the said shops 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 as to whether the petitioner is still in possession of the property or not.

Hence, the following:

ORDER

i. Respondent No.2 is at liberty to auction the property as contemplated in law;

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ii. If the petitioner has not already been evicted, respondent No.2 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.2 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.

v. Pending I.As., if any, stand disposed of.

SD/-

(M.I.ARUN)

JUDGE

hkh.

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