THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 25.04.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD

AND

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CAV JUDGMENT

(PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)

The Appellants are the elected Councillors of Gadag-Betageri City Municipal Council [for short ‘the CMC’]. The appellants have challenged the third respondent’s [the jurisdictional Regional Commissioner’s] Order dated 27.02.2025 in W.P No. 101601 of 2025. The Regional Commissioner has removed the appellants from the office of the Councillors of the CMC acting under Section 41 of the Karnataka Municipalities Act, 1964 [‘for short the Municipalities Act’]. The writ Court, by the impugned order dated 10.02.2026, has rejected the writ petition confirming this decision.

Factual Matrix:

2. The Regional Commissioner has decided to remove the appellants from the office of the Councillors because of their participation in the decision [a Resolution] to extend the lease of the land measuring approximately 34 acres 32 guntas of Whakaar-Saal, Gadag [the subject properties]. The allegation is that the appellants, in a conduct unbecoming of the office of the Councillors, have brought about a fabricated resolution. The Subject Properties are acquired for the establishment of a Cotton Market way back in 1896, and 54 plots in the subject properties are allotted on lease in a public auction. In the later years, the Cotton Market is relocated to the APMC Yard, Gadag, and the original allottees are allotted alternative plots in this yard.

3. However, several of these original allottees continued to hold these plots. This has resulted in several litigations by the CMC, and against it. The CMC has commenced proceedings to secure vacant possession of the plots from the allottees/ occupants [the occupants]. The details of the several litigations must be mentioned in brief in the light of certain rival submissions.

The details of these litigations:

4. The CMC has initiated proceedings under the provisions of the Karnataka Public Premises [Eviction of Unauthorized Occupancy] Act, 1974 [for short ‘the KPP Act’], but the occupants have called in question such act in W.P. No.8070/1980. This writ petition is disposed of on 13.06.1982 permitting the CMC to evict the occupants of the corresponding plots under the law. The CMC has thereafter commenced proceedings, but the occupants have filed suit in O.S. No.218/1988 for declaration against the CMC’s resolution dated 28.06.1985; for recovery of rents and restraining from eviction. This suit is decreed, but the decree is reversed by the first appellate Court in R.A. No.42/1990.

4.1 The occupants have called in question the decree in the appeal in R.A. No.42/1990 unsuccessfully in RSA No.40/1994, and these occupants are also unsuccessful in the SLP filed before the Apex Court. The CMC’s effort to recover possession and rent is further hindered with commencement of the suit in O.S. No.106/1999 & O.S. No.33/1999 [originally O.S. No.454/1997] for declaration that the lease of the plots in favour of the Occupants is for a period of 99 years. However, the suits are dismissed on 18.03.2013.

4.2 In the meantime, the CMC has yet again initiated proceedings under the KPP Act for eviction, and the Competent Authority under this Act has directed the occupants’ eviction but the occupants have called these orders in question in appeal under the KPP Act in M.A. Nos.9/2004 to 68/2004. The District Court has dismissed these appeals on 19.12.2005 but these outcomes are called in question in W.P. No.474/2006 and other connected matters. These writ petitions are withdrawn because of certain communication and a concession on the period during which the occupants could continue in possession of the respective plots.

4.3 The CMC has taken action in July 2019 to demolish structures and evict the occupants, and