Writ Petition No. 8917 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:11937 WP No. 8917 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 8917 OF 2024 (LB-RES) BETWEEN: 1. 2. 3. SRI. JAVEED ALI SON OF LATE MOHAMMED ALI, AGED ABOUT 54 YEARS, SHOP NO. 28, PROVISION STORE, BAZAR ROAD, K.R. NAGARA TOWN, MYSORE DISTRICT, PIN CODE-571 602. SRI. DHARMENDRA SON OF LATE SHIVASHANKAR, AGED ABOUT 43 YEARS, SHOP NO. 22, BAKER, C.M. ROAD, K.R. NAGARA TOWN, MYSORE DISTRICT, PIN CODE-571 602. SRI. UMESH. K SON OF LATE KRISHNA NAIR, AGED ABOUT 53 YEARS, SHOP NO. 53, BAKERY, BEHIND BAZAR ROAD, K.R. NAGARA TOWN, MYSORE DISTRICT, PIN CODE-571 602. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:11937 WP No. 8917 of 2024 4. 5. 6. 7. SRI. MAHADEV. L SON OF LATE LINGAPPA, AGED ABOUT 70 YEARS, SHOP NO. 25, FOOT-WARE SHOP, BAZAR ROAD, K.R. NAGARA TOWN, MYSORE DISTRICT, PIN CODE-571 602. SRI. MAHADEVA. S SON OF LATE SRIKANTAIAH. B, AGED ABOUT 49 YEARS, SHOP NO. 30, READYMADE GARMENTS, BAZAR ROAD, K.R. NAGARA TOWN, MYSORE DISTRICT, PIN CODE-571 602. SRI. GANGARAJU SON OF LATE ESHWARAIAH, AGED ABOUT 60 YEARS, SHOP NO. 70, FOOT-WARE, BEHIND BAZAR ROAD, K.R. NAGARA TOWN, MYSORE DISTRICT, PIN CODE-571 602 SMT. MANI WIFE OF VIJAYA, AGED ABOUT 55 YEARS, SHOP NO. 41, WATCH SERVICE CENTRE, BEHIND BAZAR ROAD, K.R. NAGARA TOWN, MYSORE DISTRICT, - 3 - NC: 2025:KHC:11937 WP No. 8917 of 2024 8. 9. 10. PIN CODE-571 602. SRI. CHALUVARAJU. K. N. SON OF NANJEGOWDA, AGED ABOUT 44 YEARS, SHOP NO. 46, WATCH SERVICE CENTRE, BEHIND BAZAR ROAD, K.R. NAGARA TOWN, MYSORE DISTRICT, PIN CODE-571 602. SRI. SUNIL DEV. S. D. SON OF DEEVU. J, AGED ABOUT 41 YEARS, SHOP NO.15, MEDICAL STORE, C.M. ROAD, BEHIND BAZAR ROAD, K.R. NAGARA TOWN, MYSORE DISTRICT, PIN CODE-571 602. SMT. SHOMATHI. N WIFE OF DEEVU.J, AGED ABOUT 58 YEARS, SHOP NO. 13, MEDICAL STORE, C.M. ROAD, BEHIND BAZAR ROAD, K.R. NAGARA TOWN, MYSORE DISTRICT, PIN CODE-571 602. 11.
Legal Reasoning
SRI. SURESH. E SON OF LATE ESHWARAIAH, - 4 - NC: 2025:KHC:11937 WP No. 8917 of 2024 AGED ABOUT 42 YEARS, SHOP NO. 43, FOOT-WARE, BEHIND BAZAR ROAD, K.R. NAGARA TOWN, MYSORE DISTRICT, PIN CODE-571 602. SRI. HABIB ULAL SHARIFF SON OF LATE ISMAIL SHARIFF, AGED ABOUT 45 YEARS, SHOP NO. 16, MOBILE SHOP, C.M. ROAD, K.R. NAGARA TOWN, MYSORE DISTRICT, PIN CODE-571 602. SRI. NOOR PASHA S/O LATE DASTAGIR SAB AGED ABOUT 52 YEARS SHOP NO.52 WATCH SERVICE CENTRE BEHIND BAZAR ROAD, K R NAGARA TOWN MYSORE DISTRICT - 571602. SRI. VEERA VASANTHA K P S/O LATE PUTTA SHETTY, AGED ABOUT 60 YEARS SHOP NO.83 BANGLE STORE BAZAR ROAD, K R NAGARA TOWN MYSORE DISTRICT - 571602. 12. 13. 14. 15. SHANKAR R K S/O LATE KARIYAPPA SHETTY K P - 5 - NC: 2025:KHC:11937 WP No. 8917 of 2024 SINCE DEAD BY LRS 15(A) SMT. R.S. SUNITHA D/O LATE SHANKAR R.K W/O K.P. PARAMESH AGED ABOUT 48 YEARS RESIDING AT NO. 60, 5TH CROSS TMCS LAYOUT, JP NAGAR BANGALORE- 560 078. 15(B) SRI. R.S. RAJU S/O LATE SHANKAR R.K. AGED ABOUT 41 YEARS RESIDING AT 13TH WARD, 7TH ROAD K.R. NAGAR TOWN, K.R. NAGAR POST MYSORE, KARNATAKA -571 602. 16. 17. SRI. JAGADISH E S/O LATE ESHWARAIAH AGEDA BOUT 40 YEARS, SHOP NO.80, FOOTWARE BEHIND BAZAR ROAD, K R NAGARA TOWN MYSORE DISTRICT - 571602. SMT. MUTAHERA BANU W/O FAZLULLA SHARIFF AGED ABOUT 45 YEARS SHOP NO. 40, BANGLE STORE BEHIND BAZAR ROAD, K R NAGARA TOWN MYSORE DISTRICT - 571602. 18. SRI. RAVINDRA B C S/O LATE CHANDRAGUPTHA B K AGED ABOUT 46 YEARS SHOP NO.26 - 6 - NC: 2025:KHC:11937 WP No. 8917 of 2024 READYMADE GARMENTS BEHIND BAZAR ROAD, K R NAGARA TOWN MYSORE DISTRICT - 571602. 19. SATHYANARAYANA K S/O LATE VITTAL RAO SINCE DEAD BY HIS LRS 19(A) SMT. LALITHA B.N. WIFE OF SATHYANARAYANA K AGED ABOUT 70 YEARS RESIDING AT NO. 45/17 MYSORE ROAD WARD NO.17 K.R. NAGAR, MYSORE ROAD MYSORE - 571 602 19(B) SMT.PRATHIMA S D/O LAT SATHYANARAYANA K W/O CHANDRASHEKAR V AGED ABOUT 47 YEARS R/AT NO. 28/1A, 1ST CROSS 2ND STAGE, INDUSTRIAL SUBURB NEW BOMBAY BAZAAR MYSORE - 570008. 19(C) SMT. SEEMA RAO D/O LATE SATHYANARAYANA K W/O AMITH RAO AGED ABOUT 45 YEARS R/AT NO. 2/22 GEETHA COLONY, EAST DELHI DELHI 110 031. 19(D) SRI. VINAY S/O LATE SATHYANARAYANA K - 7 - NC: 2025:KHC:11937 WP No. 8917 of 2024 20. 21. 22. 23. AGED ABOUT 38 YEARS RESIDING AT NO. 45/17 K.R. NAGAR MYSORE ROAD MYSORE -571602. SRI. SANDEEP A R S/O RAMEGOWDA A P AGED ABOUT 46 YEARS SHOP NO.10 XEROX SHOP V.V.ROAD, K R NAGAR TOWN MYSORE DISTRICT - 571602. SRI. NAGENDRA K P S/O LATE PUTTAIAH AGED ABOUT 64 YEARS SHOP NO.84, BANGLE STORE BEHIND BAZAR ROAD, K R NAGARA TOWN MYSORE DISTRICT - 571602. SRI. MAHADEVA K T S/O LATE THOTAPPA B C AGED ABOUT 63 YEARS SHOP NO.23 FRUIT SHOP BEHIND BAZAR ROAD, K R NAGARA TOWN MYSORE DISTRICT - 571602. SRI. MANJUNATHA SHETTY S/O LATE RAMAKRISHNA SHETTY V E AGED ABOUT 62 YEARS SHOP NO.74 PROVISION STORE BEHIND BAZAR ROAD, K R NAGARA TOWN MYSORE DISTRICT - 571602. - 8 - NC: 2025:KHC:11937 WP No. 8917 of 2024 24. 25. 26. 27. SRI. IMTHIAZ PASHA S/O LATE ABDUL REHAMAN AGED ABOUT 40 YEARS SHOP NO.50 WATCH SERVICE CENTRE BEHIND BAZAR ROAD, K R NAGARA TOWN MYSORE DISTRICT - 571602. SRI. NAYAZ PASHA S/O LATE ABDUL REHAMAN AGED ABOUT 55 YEARS SHOP NO.49 ELECTRONIC SERVICE CENTRE BEHIND BAZAR ROAD, K R NAGARA TOWN MYSORE DISTRICT - 571602. SRI. RAMADAS S/O LATE BALASUBRAMANYA AGED ABOUT 66 YEARS SHOP NO.29 WATCH SERVICE CENTRE BEHIND BAZAR ROAD, K R NAGARA TOWN MYSORE DISTRICT - 571602. SRI. ANWAR T S/O LATE KHADER KUTTY AGED ABOUT 43 YEARS, SHOP NO.18 MOBILE SHOP C M ROAD, K R NAGARA TOWN MYSORE DISTRICT - 571602. 28. SRI. HARIS T S/O LATE KHADER KUTTY - 9 - NC: 2025:KHC:11937 WP No. 8917 of 2024 29. 30. 31. 32. AGED ABOUT 45 YEARS SHOP NO.19 PROVISION STORE C M ROAD, K R NAGARA TOWN MYSORE DISTRICT - 571602. SRI. NAGARAJA RAO B S S/O LATE SIDDOJI RAO AGED ABOUT 80 YEARS SHOP NO.71, TAILOR SHOP BEHIND BAZAAR ROAD K R NAGARA TOWN MYSORE DISTRICT - 571602. SRI. DHANUSH S/O LATE MURTHY T J AGED ABOUT 29 YEARS SHOP NO.31 PAN SARI SHOP BEHIND BAZAAR ROAD K R NAGARA TOWN MYSORE DISTRICT - 571602. SMT. GHOUSE JAN N H W/O MOHAMED ILYAS AGED ABOUT 62 YEARS SHOP NO.17, MEDICAL STORE C M ROAD, K R NAGARA TOWN MYSORE DISTRICT - 571602. SRI. MANJUNATHA C K S/O LATE KRISHNA SHETTY C V AGED ABOUT 53 YEARS SHOP NO.20, MOBILE SHOP C M ROAD, K R NAGARA TOWN MYSORE DISTRICT - 571602. - 10 - NC: 2025:KHC:11937 WP No. 8917 of 2024 33. 34. 35. 36. SRI. JAYARAM T S/O LATE THIRUVENKATA SWAMY AGED ABOUT 60 YEARS SHOP NO.54 PROVISION STORE BEHIND BAZAR ROAD, K R NAGARA TOWN, MYSORE DISTRICT - 571602. SMT. POOJA K N D/O NARESHKUMAR AGED ABOUT 33 YEARS SHOP NO.72, AUTO PARTS BEHIND BAZAR ROAD, K R NAGARA TOWN, MYSORE DISTRICT - 571602. BASAVARAJU C D S/O LATE DODDANNA SHETTY AGED ABOUT 65 YEARS SHOP NO.81, CYCLE SHOP BEHIND BAZAR ROAD, K R NAGARA TOWN, MYSORE DISTRICT - 571602. SRI. BHAWAR LAL S/O LATE PRATAP CHAND AGED ABOUT 57 YEARS SHOP NO.35, CLOTH SHOP BEHIND BAZAR ROAD, K R NAGARA TOWN, MYSORE DISTRICT - 571602. 37. SRI. VEERABHADRACHAR S/O LATE SANNAPACHAR, - 11 - NC: 2025:KHC:11937 WP No. 8917 of 2024 38. 39. 40. 41. AGED ABOUT 75 YEARS, SHOP NO 09, MEDICAL STORE, VV ROAD, K R NAGAR TOWN, MYSORE DISTRICT 571602. SRI. MOHAMED AKRAM S/O LATE IBRAHIM P K, AGED ABOUT 48 YEARS, SHOP NO 47 BANGLE STORE, BEHIND BAZAR ROAD K R NAGARA TOWN, MYSORE DISTRICT 571602. SRI. RAMESH K T S/O LATE THIMMAIAH K K, AGED ABOUT 69 YEARS, SHOP NO 12 BOOK AND STATIONERY SHOP, VV ROAD, K R NAGAR TOWN, MYSORE DISTRICT 571602. SRI. GANAPATHI SHETTY K S S/O LATE SUBBASHETTY K P, AGED ABOUT 70 YEARS, SHOP NO 39 BOOK AND STATIONERY SHOP VV ROAD, BEHIND BAZAR ROAD K R NAGARA TOWN, MYSORE DISTRICT 571602. SRI. CHANDAN KUMAR S/O LATE CHANNA BASAPPA, AGED ABOUT 31 YEARS, SHOP NO 82 PROVISION STORE, BEHIND BAZAR ROAD, - 12 - NC: 2025:KHC:11937 WP No. 8917 of 2024 K R NAGARA TOWN, MYSORE DISTRICT 571602. 42. SRI. GOPAL K R S/O LATE RAMANNA AGED ABOUT 58 YEARS, SHOP NO 24, BAKERY, 43. 44. 45. BAZAR ROAD, K R NAGARA TOWN, MYSORE DISTRICT 571602. SMT. SABEEHA BEGUM W/O LATE MUNAVAR PASHA, AGED ABOUT 65 YEARS, SHOP NO 14, FOOTWARE, C M ROAD, K R NAGARA TOWN, MYSORE DISTRICT 571602. SRI. KEERTHI K S/O LATE KRISHNAPPA AGED ABOUT 50 YEARS, SHOP NO 34 READYMADE GARMENTS, BEHIND BAZAR ROAD, K R NAGARA TOWN, MYSORE DISTRICT 571602, SMT. PAPAMMA W/O RAMASWAMY NAIDU, AGED ABOUT 80 YEARS, SHOP NO 68 PROVISION STORE, BEHIND BAZAR ROAD, K R NAGARA TOWN, MYSORE DISTRICT 571602. 46. SMT. JAMUNA BAI - 13 - NC: 2025:KHC:11937 WP No. 8917 of 2024 W/O LATE JODHA RAM, AGED ABOUT 61 YEARS, SHOP NO 38 JEWELLARY SHOP, BEHIND BAZAR ROAD, K R NAGARA TOWN, MYSORE DISTRICT 571602. SRI. AYUSH S/O LATE NAGESH GUPTHA G S, AGED ABOUT 29 YEARS, SHOP NO 78, FOOTWARE, BEHIND BAZAR ROAD, K R NAGARA TOWN, MYSORE DISTRICT 571602. SRI. MOHAMMED RAFEEQ S/O LATE IBRAHIM P K, AGED ABOUT 55 YEARS, SHOP NO 76, BAKERY, BEHIND BAZAR ROAD, K R NAGARA TOWN, MYSORE DISTRICT 571602. SRI. RAMESH GUPTA G S S/O LATE SUBBA SHETTY G S AGED ABOUT 67 YEARS, SHOP NO.79, PROVISION STORE, BEHIND BAZAR ROAD K R NAGARA TOWN MYSORE DISTRICT 571602. 47. 48. 49. 50. SRI. SRINIVAS SHETTY S S/O LATE SUBBA SHETTY G S, AGED ABOUT 69 YEARS, SHOP NO.77, PROVISION STORE, - 14 - NC: 2025:KHC:11937 WP No. 8917 of 2024 51. 52. 53. 54. BEHIND BAZAR ROAD K R NAGARA TOWN MYSORE DISTRICT 571602. SMT. VASANTHAMMA W/O LATE SHIVAPPA R, AGED ABOUT 55 YEARS, SHOP NO.75 FOOTWARE, BEHIND BAZAR ROAD K R NAGARA TOWN MYSORE DISTRICT 571602. SRI. KUMAR H M S/O LATE MYLARAIAH, AGED ABOUT 46 YEARS, SHOP NO.44, FOOT WARE, BEHIND BAZAR ROAD K R NAGARA TOWN MYSORE DISTRICT 571602. SMT. UMME SALMA W/O LATE BABU, AGED ABOUT 60 YEARS, SHOP NO.42, FOOT WARE, BEHIND BAZAR ROAD K R NAGARA TOWN MYSORE DISTRICT 571602. SRI. ERANNA S/O LATE MANCHA NAYAKA, AGED ABOUT 52 YEARS, SHOP NO.48 WATCH SERVICE CENTER, BEHIND BAZAR ROAD K R NAGARA TOWN MYSORE DISTRICT 571602. 55. SRI. MAHESH B S/O LATE BASAVARAJ M - 15 - NC: 2025:KHC:11937 WP No. 8917 of 2024 56. 57. 58. 59. AGED ABOUT 42 YEARS, SHOP NO.21, FOOT WARE, C M RADO K R NAGARA TOWN MYSORE DISTRICT 571602. SRI. GIRISH K S S/O LATE SIDDANAGAPPA, AGED ABOUT 60 YEARS, SHOP NO.64, READYMADE GARMENTS, BEHIND BAZAR ROAD K R NAGARA TOWN MYSORE DISTRICT 571602. SMT. NAGARATHNA B Y W/O CHANDRASHEKAR, AGED ABOUT 55 YEARS, SHOP NO.55, READY MADE GARMETS, BEHIND BAZAR ROAD K R NAGAR TOWN MYSORE DISTRICT 571602. SIDDALINGAPPA Y C S/O CHIKKASHETTY Y C, AGED ABOUT 55 YEARS, SHOP NO.58 PHOTO FRAME SHOP, BEHIND BAZAR ROAD K R NAGARA TOWN MYSORE DISTRICT 571602. HARISH K V S/O LATE VISHAKANTHAPPA, AGED ABOUT 55 YEARS, SHOP NO.62 FOOT WARE, BEHIND BAZAR ROAD K R NAGARA TOWN MYSORE DISTRICT 571602 - 16 - NC: 2025:KHC:11937 WP No. 8917 of 2024 60. SMT. CHANDRAKALA P W/O LATE PARASHURAM AGED ABOUT 65 YEARS, SHOP NO.66 FOOT WARE, BEHIND BAZAR ROAD K R NAGARA TOWN MYSORE DISTRICT 571602. …PETITIONERS (BY SRI. SIDDAMALLAPPA P M.,ADVOCATE AND SMT. SUMAN HEGDE, ADVOCATE (ABSENT)) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL CORPORATION AND LOCAL BODIES, M.S. BUILDING, BANGALORE-560 001. 2. THE CHIEF OFFICER K.R. NAGARA MUNICIPAL COUNCIL, K.R. NAGARA, MYSORE DISTRICT, PIN CODE-571 602. 3. SRI. RUDRESH SON OF SHIVARUDRAPPA, AGED ABOUT 42 YEARS, RESIDING AT NO.135/14, BASAVESHWARA BLOCK, 14TH WARD, K.R. NAGAR, MYSORE DISTRICT -571 602. 4. SMT. KRUTHIK N - 17 - NC: 2025:KHC:11937 WP No. 8917 of 2024 SON OF NAGARAJU B.R., RESIDING AT NO.2, BYADARAHALLI VILLAGE AND POST, MYSORE 571 602. …RESPONDENTS (BY SMT.VAHEEDA., AGA FOR R1; SRI B.J. SOMAYAJI, ADVOCATE FOR R2; SRI T.A. KARUMBAIAH, ADVOCATE FOR R3 & R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) QUASH E-TENDER NOTIFICATION DATED 12/02/2024, PUBLISHED IN A DAILY NEWSPAPER CALLED PRAJA-VANI DATED 15/02/2024 VIDE REFERENCE NO.PU.SA.KAI/ KA.V/ MA.HARAJU/ CR.01/2023-24/ THROUGH E-PROCUREMENT BY THE R2 AS PER ANNEXURE-E; 2) DIRECTING THE R2 TO REMOVE THE LOCK PUT ON THE RESPECTIVE SHOPS OF THE PETITIONERS AND TO PERMIT THE PETITIONERS TO RUN THEIR BUSINESS IN THEIR RESPECTIVE SHOP AND TO RESTORE POSSESSION OF THE RESPECTIVE SHOPS IN FAVOUR OF THE PETITIONERS TILL THE PETITIONERS ARE DULY AND LEGALLY EVICTED IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD - 18 - NC: 2025:KHC:11937 WP No. 8917 of 2024 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 - 19 - NC: 2025:KHC:11937 WP No. 8917 of 2024 the highest bid and the second respondent will permit these petitioners to occupy the corresponding premises upon finalization of the terms of lease. [b] The other petitioners have voluntarily handed over possession of the corresponding shops, but the second respondent will extend another opportunity to offer 5% more than the highest bid in exercise of the Right of First Refusal and if these petitioners as well accept this offer and deposit the money subject to finalization of the terms, the second respondent would permit them to continue in possession of these shops." 3. If Smt. Suman Hegde, the learned counsel who was permitted to argue for the petitioners, sought time to respond in the light of these submissions, the second respondent was called upon to place in writing the highest bid received for the shops other than the shops claimed by the petitioners in Nos.2, 6, 22, 23, 34, 36, 42, 47, 52, 56 - 20 - NC: 2025:KHC:11937 WP No. 8917 of 2024 and 60. In terms of such liberty, the second respondent has filed this affidavit on 12.12.2024, and regarding these petitioners, the second respondent has stated as follows:- "2. As stated in the statement objections of second respondent, petitioner nos.2, 6,22,23,34,36,42,47,52,56 and 60 have exercised the right of the first refusal and also paid the amount through demand drafts in terms of clause 13 of context 3 of circular dated 19.07.2019. If they renew their demand drafts, the auction proceedings may be finalized, and they may occupy the respective shops. Further, as against the other petitioners, the second respondent has stated as follows: "Petitioner Nos.1 to 23, 25 to 37, 39,40,42 to 52, 54 to 57 and 60 who have exercised the right of 'first refusal' on 20.02.2024 have not paid the amount. According to circular dated 19.07.2019, if the existing occupiers exercise right of first refusal, they should be permitted to pay the bid amount and additional 5% of the bid amount at the time of finalization of auction. If they pay the said amount before finalization of the auction proceedings, they - 21 - NC: 2025:KHC:11937 WP No. 8917 of 2024 may be permitted to occupy the respective shops." 4. This Court, after this affidavit is placed on record, has called the petition on next three occasions, but none has appeared for the petitioners. This Court must consider why the petition must not be disposed of [along with the application for impleading] in the light of the second respondent's specific stand as stated before this Court on 05.12.2024 and reiterated by the second respondent by his affidavit dated 12.12.2024. 5. Upon hearing Sri B J Somayaji, the learned counsel for the second respondent, and Sri T A Karumbaiah, the learned counsel for the third and fourth respondents [also for impleading applicants], and in the light of the undisputed fact that the petitioners' cause that the corresponding premises are under lock and key of the second respondent, this Court must opine: [a] that the petitioner in Nos.2, 6, - 22 - NC: 2025:KHC:11937 WP No. 8917 of 2024 22, 23, 34, 36, 42, 47, 52, 56 and 60 have accepted the right of first refusal that would be available to them in terms of the Circular dated 19.07.2019 issued by the Central Government and referred to in the impugned Notification dated 12.02.2024, [b] that the second respondent has accepted that they have not only exercised their rights but also handed over the Demand Drafts with 5% more than the highest amount offered while stating that these petitioners must renew the Demand Drafts submitted by them. 6. This Court, as regards the other petitioners, opines that they should be permitted to pay 5% more than the bid amount within a reasonable time and if they pay such amounts, they must be permitted to occupy the corresponding premises. This Court must next observe that if any of the petitioners default in either getting the Demand Drafts renewed within the time allowed by this Court or to offer the Demand Draft [as the case may be], the - 23 - NC: 2025:KHC:11937 WP No. 8917 of 2024 second respondent must, without room for further litigation, handover possession to the successful bidders. In the light of the afore, the following:
Decision
ORDER [a] The petition stands disposed of with liberty to the petitioners in Nos.2, 6, 22, 23, 34, 36, 42, 47, 52, 56 and 60 to file a certified copy of this order with a request for return of the respective Demand Drafts to get the renewal and re-submit such Demand Drafts. [b] If any of these petitioners fail either to take return of the Demand Drafts or return the renewed Demand Drafts within the period allowed, the second respondent shall handover the corresponding commercial premises to the successful bidders in terms of the impugned - 24 - NC: 2025:KHC:11937 WP No. 8917 of 2024 Notification dated 12.02.2024 [Annexure- E]. [c] The other petitioners are reserved with liberty to file a certified copy of this order with the second respondent within four [4] weeks communicating their right of first refusal and they are also given liberty to furnish Demand Drafts for amount which will be 5% more than the highest bid within the next four [4] weeks [i.e., from the date of communication of the right of first refusal]. [d] If any of these petitioners comply with these requirements, in terms of the liberty now reserved, the second respondent shall handover possession, and in default, the second respondent shall handover possession of the respective shops to the successful bidders. - 25 - NC: 2025:KHC:11937 WP No. 8917 of 2024 [e] The liberty reserved shall be exercised by the two sets of petitioners within a period of four [4] weeks from the date of publication of notice in this regard by the second respondent, and the second respondent shall publish such notice within two [2] weeks from the date of receipt of a certified copy of this order. [f] The application stands disposed of in terms of this order Sd/- (B M SHYAM PRASAD) JUDGE AN/-