Writ Appeal No. 1150 of 2026 · Karnataka High Court · 2026

7. SRI. CHETHAN NARAYAN, S/O LATE H.G. NARAYAN, AGED ABOUT 53 YEARS, R/AT GANGADHARESHWARA NILAYA, B.M. ROAD, NEAR HORTICULTURE OFFICE, K.R. PURAM, HASSAN DISTRICT - 573 201. SHOP NO.26.

8. SRI. K.S. RAMEGOWDA, S/O LATE SHIVANANJEGOWDA, AGED ABOUT 77 YEARS, R/ AT 2509, MARIGUDI BEEDI, OPP:MARIGUDI, K.R PETE TOWN, MANDYA DISTRICT - 571 426, SHOP NO. 5 AND 22. - 3 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR

9. SRI. RAMESH K.N., S/O NANJUNDEGOWDA, AGED ABOUT 52 YEARS, R/AT S.B ROAD, KRISHNARAJAPETE, MANDYA DISTRICT - 571 426. SHOP NO.8, 9 AND 18.

10. SRI. DINESH K.P., S/O PARAMESHWARAIAH, AGED ABOUT 56 YEARS, R/AT 1935, S.B ROAD, NEAR EASHWARA TEMPLE, KRISHNARAJPETE MANDYA - 574 126. SHOP NO. 11, 14, 15 AND 16.

11. SRI. KRISHNAMURTHY HONNPPAGOWDA, S/O HONNAPPA GOWDA, AGED ABOUT 49 YEARS, R/AT S.T. ANTONY CHURCHKESHAV APARTMENT, MAHARASHTRA - 400 055. SHOP NO.12.

12. THULASI DEVI, W/O JAYARAM, AGED ABOUT 50 YEARS, RESIDING AT NO. 1198, 1ST CROSS, KIKKERI ROAD, OLD VIJAYA BANK ROAD, K.R. PETE, MANDYA DISTRICT - 571 426, SHOP NO.1.

13. SRI. TOTARAJU, S/O NANJUNDAPPA, AGED ABOUT 54 YEARS, R/AT SUBHASH NAGARA, KRISHNARAJAPETE, MANDYA DISTRICT - 571 426. SHOP NO.2. - 4 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR

14. SRI. H.R. LOKESH, S/O RANGASWAMY, AGED ABOUT 50 YEARS, R/AT NO. 538/3, HOSABIDI, NEAR WATER TANK, VIJAYANAGARA BADAVANE, HOSAHOLALU, K.R. PETE TALUK, MANDYA DISTRICT - 571 426. SHOP NO.3.

15. SRI. HAFEEZUR REHMAN, S/O ANWAR PASHA, AGED ABOUT 48 YEARS, R/AT NO. 242, SUBHASH NAGAR, KRISHNARAJAPETE, MANDYA DISTRICT - 571 426. SHOP NO.4.

16. SMT. JATAN DEVI, W/O PRAKASH CHAND JAIN, AGED ABOUT 61 YEARS, R/AT BASAVESHWARANAGARA, KRISHNARAJAPETE, MANDYA DISTRICT - 571 426. SHOP NO.6.

17. SRI. B.S. NAGESHA, S/O SANNEGOWDA, AGED ABOUT 56 YEARS, R/AT NO.2,KALEGOWDANAKOPPALU, BALLEKERE, KRISHNARAJAPETE TALUK, MANDYA DISTRICT - 571 426. SHOP NO.8.

18. SRI. SHAHID PASHA, S/O ABDUL LATEEF, AGED ABOUT 68 YEARS, R/AT NO. 592, GANESHA PARK, - 5 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR HEMAVATHIBADAVANE, KRISHNARAJAPETE, MANDYA DISTRICT - 571 426. SHOP NO.9.

19. SRI. R. RAMESH, S/O LATE K.N. RANGAPPA, AGED ABOUT 62 YEARS, R/AT HAMSANILAYA, NEW KIKKERI ROAD, BASAVESHARANAGARA, K.R. PETE, MANDYA DISTRICT - 571 426. SHOP NO.10.

20. SRI. K.R. RAGHUKUMAR, S/O RAMALINGEGOWDA, AGED ABOUT 54 YEARS, R/AT NO. 2762, S.B. ROAD, KRISHNARAJAPETE, MANDYA DISTRICT - 571 426. SHOP NO.14.

21. SRI. KRISHNA. R., S/O RAMACHANDRU, AGED ABOUT 63 YEARS, R/AT BASAVESHWARANAGARA, NEW KIKKERI ROAD, KRISHNARAJPET, MANDYA DISTRICT - 571 426. SHOP NO.58, 15.

22. SRI. RAMESH K.N., S/O NANJUNDEGOWDA, AGED ABOUT 53 YEARS, R/AT NO. 2057, S.B. ROAD, KRISHNARAJAPETE, MANDYA DISTRICT - 571 426. SHOP NO. 12 AND 13. - 6 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR

23. SRI. NOOR AHMED ABDUL AZIZ, S/O ABDUL AZIZ, AGED ABOUT 79 YEARS, R/AT 2ND CROSS, NEW KIKKERI ROAD, BASAVESHWARANAGARA, KRISHNARAJAPETE MANDYA DISTRICT - 571 426. SHOP NO.7 AND 12.

24. SRI. RATANLAL CHOUDHARY S/O HANUT RAMJ AGED ABOUT 57 YEARS, R/AT AAIJEENILAYA, MARKET ROAD, NALA GALLI, HOSAKOTE, BANGALORE RURAL DISTRICT - 562 114. SHOP NO. 16.

25. SRI. S.K. PRABHAKARA, S/O S.K. KRISHNAPPA, AGED ABOUT 62 YEARS, R/AT NO 231, JAYANAGARA LAYOUT, KRISHNARAJPETE TALUK, MANDYA DISTRICT - 571 426. SHOP NO.1.

26. SRI. BASAVEGOWDA, S/O CHIKKEGOWDA, AGED ABOUT 70 YEARS, R/AT NO 228, KALAMMANAGUDI BEEDI, HOSAHOLALU VILLAGE, KRISHNARAJPETE DISTRICT, MANDYA DISTRICT - 574 126, SHOP NO.2, 7 AND 10,6. (BY SRI. SUBBA REDDY K.N., ADVOCATE) …APPELLANTS - 7 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR AND:

1. THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, MUNICIPAL ADMINISTRATION, VIKASASOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS SECRETARY

2. THE DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA - 571 401.

3. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, KRISHNARAJAPETE, MANDYA DISTRICT - 571 426.

4. THE ADMINISTRATIVE OFFICER, TOWN MUNICIPAL COUNCIL, KRISHNARAJAPETE, MANDYA DISTRICT - 571 426.

5. SRI. RAMANNA, S/O LATE TAMMAIAH, AGED ABOUT 88 YEARS, R/AT 3515, HEMAVATHI LAYOUT, K.R. PETE TALUK, MANDYA DISTRICT - 571 426. SHOP NO.3.

6. SRI. RAVI K.M., S/OK KADEGOWDA, AGED ABOUT 37 YEARS, RESIDING AT 09, 1ST BLOCK, VIDYA NAGARA, BEYOND STADIUM, K.R NAGARA TOWN, - 8 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR KRISHNARAJPETE, MANDYA - 574 126. SHOP NO.17.

7. SRI. K.T. RAVIKUMAR, S/O K.V. TIMMEGOWDA, AGED ABOUT 76 YEARS, R/AT OPP OLD POST OFFICE, NAGAMANGALA ROAD, KRISHNARAJPETE, MANDYA DISTRICT - 574 126. SHOP NO.19.

8. SRI. SADIQ PASHA, S/O LATE MAHAMEDHASHAM, AGED ABOUT 53 YEARS, R/AT 1/1, 6TH CROSS, KYATAMARANAHALLI ROAD, UDAYAGIRI, MYSURU - 570 019. SHOP NO.20 AND 21.

9. SRI. S.K. SATEESH CHANDRA, S/O S.K. KRISHNAPPA, AGED ABOUT 59 YEARS, R/AT NANDINI FARM HOUSE, BANDABOVINAHALLI GATE, AGRAHARABACHAHALLI POST, KRISHNARAJAPET TALUK, MANDYA DISTRICT - 571 426. SHOP NO.06.

10. SRI. K.S. SURESHA, S/O LATE SHIVAIAH, AGED ABOUT 62, YEARS R/AT NO. 2209, OLD MYSORE ROAD, KRISHNARAJAPETE, MANDYA DISTRICT - 571 426. SHOP NO.08. - 9 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR

11. SRI. K. SRINIVASA, S/O LATE SHANKARAPPA, AGED ABOUT 49 YEARS, R/AT WARD NO.3, OLD MYSORE ROAD, OPP. TO KRISHNARAJENDRA COLLEGE, THAMMANNA GOWDA NAGARA, KRISHNARAJAPETE, MANDYA DISTRICT - 571 426. SHOP NO.07.

12. SRI. RAVINDRA BABU K.R., S/O RAMALINGEGOWDA.K.R. AGED ABOUT 52 YEARS, R/AT OPP. TO OLD MOSQUE, S.B. ROAD, KRISHNARAJAPETE, MANDYA DISTRICT - 571 426. SHOP NO.05.

13. SRI. JAGADISH, S/O LATE SHANKARAPPA, AGED ABOUT 45 YEARS, R/AT 2407. BASAVANAGUDI BEEDI, K.R. PETE TOWN, MANDYA - 571 426. SHOP NO.09.

14. SRI. R. RAMESH, S/O LATE K.N. RANGAPPA, AGED ABOUT 62 YEARS, R/AT HAMSANILAYA, NEW KIKKERI ROAD, BASAVESHWARANAGAR, KRISHNARAJAPET, MANDYA DISTRICT - 571 426. SHOP NO. OLD 38/NEW 12.

15. SMT. VARALAKSHMI, W/O KRISHNA K.R., AGED ABOUT 52 YEARS, - 10 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR R/AT BASAVANAGUDI, KRISHNARAJAPETE TOWN, MANDYA DISTRICT - 571 426. SHOP NO. OLD 39/NEW 13.

16. SRI. NOOR MUFTHI, S/O FHAYAZS, AHAMED AGED ABOUT 27 YEARS, R/AT NO. 682/A, SUBHASH NAGAR, KRISHNARAJAPETE, MANDYA DISTRICT - 571 426. SHOP NO. OLD 28/NEW 2.

17. SRI. S.R. SUBBA NARASIMHA, S/O RAGHAVENDRA RAO, AGED ABOUT 58 YEARS, R/AT NO 134, S.B ROAD, NEAR OLD MASID, KRISHNARAJPETE TOWN MANDYA DISTRICT - 571 426. SHOP NO.43.

18. SRI. S.V. SATHISH, S/O VENKATESH MURTHY, AGED ABOUT 42 YEARS, R/AT 60 FEET ROAD, NEAR HEMAGIRI HOTEL, BASAVESHWARA NAGARA, K.R. PETE, MANDYA DISTRICT - 571 426. SHOP NO.42.,

19. SRI. LOKESH C.K., S/O LATE KRISHNEGOWDA, AGED ABOUT 41 YEARS, R/AT CHOWDENAHALLI VILLAGE, KASABA HOBLI, KRISHNARAJPETE TALUK, MANDYA DISTRICT - 571 426. SHOP NO.2. - 11 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR

20. SRI. H.R. BALAKRISHNA, S/O LATE A.N. RAMU, AGED ABOUT 85 YEARS, R/AT NO. 3292, S.L.N. POULTRY FARM, JAYANAGARABADAVANE, HOSAHOLALU, K.R. PETE TALUK, MANDYA DISTRICT - 571 426. SHOP NO. 01 AND 08.

21. SRI. TANVEER PASHA, S/O MAHAMEDGOUSE, AGED ABOUT 50 YEARS, R/AT NO 471/2, MASJID STREET, KRISHNARAJPETE TALUK, MANDYA DISTRICT - 571 426. SHOP NO. 2. (HANDICAP)

22. SRI. KRISHNA H.N., S/O LATE NARAYANA, AGED ABOUT 47 YEARS, R/AT JAYANAGARA EXTN, KARATH PETROL BUNK, OPP K.R PETE TALUK, K.R. PETE, MANDYA - 571 426. SHOP NO.3.

23. SRI. MOHAMMED HABEEB, S/O MAHAMMEDGOUSE, AGED ABOUT 54 YEARS, R/AT NO. 471/3 MASEEDI BEEDI, K.R PETE TALUK, HOSAHOLALU VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT - 574 126. SHOP NO. 4.

24. SRI. K.H. GOLAP, S/O HANUMANTHAYYA, AGED ABOUT 73 YEARS, - 12 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR R/AT NO.384, 17TH WARD, BASAVESHWARANAGAR, KRISHNARAJAPETE, MANDYA DISTRICT - 571 426. SHOP NO.1. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 & R2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED:16.02.2026 IN WP NO.4991/2026 PASSED BY THE LEARNED SINGLE JUDGE AND CONSEQUENTLY ALLOW THE WRIT PETITION FILED BY THE PETITIONER AS PRAYED FOR AND ETC., THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M NADAF) The unsuccessful petitioners in W.P.No.4991/2026 are before us in this appeal filed under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 16.02.2026 passed by the Writ Court. - 13 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR

2. Under the impugned order, the Writ Court disposed of the Writ Petition filed by the petitioners on the submission recorded at paragraph No.8 of the order.

3. The parties are referred to as per their ranking before the Writ Court.

4. The brief facts leading to filing of this appeal are as under: The petitioners filed the Writ Petition seeking following reliefs: (i) Call for records pertains to Commercial Shops Public E-auction publication bearing No.Pu.Ka.Kru/Kam/Sha/E-Auction/01/2025- 26 dated: 19.01.2026 issued by respondent No.3. (ii) Issue writ in the nature of Certiorari to quash the Commercial Shops Public e- auction publication bearing No. Pu.Ka.Kru/Kam/Sha/E-Auction/01/2025-26 dated: 19.01.2026 issued by respondent No.3 as per Annexure-A as illegal bad in law in so far as petitioners concerned. - 14 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR (iii) Pass any appropriate order deems fit to the facts and circumstances of the case and to meet the interest of justice.

5. The grievance of the petitioners is that they being the tenants of various shops in Commercial complex at K.R.Pet belonging to the respondents. The respondents are now proposing to auction the said Commercial shops by way of E-auction and thereafter, proposing to dispossess the petitioners from their respective shops. Calling in question the E-auction publication dated

19.01.2026 vide Annexure-A, the petitioners were before the Writ Court.

6. The Writ Court observed that merely because the petitioners are tenants of the Commercial shops, they cannot continue to be using the said premises after the expiry of the lease period. Further observed that in terms of the guidelines issued of the year 2019, the TMC is required to deal with the public properties by way of public auction and during that stage, a existing tenant has an - 15 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR option to participate in the auction and if successful to continue to retain the possession by making payment in terms of the auction notification, else the tenant has to hand over the possession, or the tenant also has another option of exercising right to First Refusal by choosing not to participate in the auction and making payment of 5% over and above the highest amount bid at the said auction.

7. The Writ Court taking into consideration of the submission of learned counsel appearing petitioners on instructions that, the petitioners would exercise the second option i.e., right to Refusal, disposed of the Writ Petition with the following: i. ii. "ORDER The writ petition is disposed of. Liberty is reserved to the petitioners to excise their Right to First Refusal, post the e-auction being held on 18.02.2026 and make their offer in terms of guidelines within time frames stipulated therein. - 16 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR iii. If no such offer is made by the petitioner, the respondent would be free to take such action for eviction of the petitioner as may be permissible under law after the expiry of 30 days from the date of auction being held." It is this order passed by the Writ Court is called in question in this appeal.

8. Heard, Sri.Vivek Reddy, learned Senior counsel appearing for Sri.Subba Reddy, learned counsel for the appellants and Sri.Mohammed Jaffar Shah, learned Additional Government Advocate for respondents 1 and 2.

9. Learned Senior counsel submits petitioners are the tenants of the said Commercial shops for more than 25 to 30 years and they have earned goodwill and at this point of time, if they are evicted, they would suffer greater hardship and prays to set-aside the order passed by the Writ Court and to allow the Writ Petition. - 17 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR

10. Per contra, learned Additional Government Advocate submits that the Writ Petition came to be disposed of as per the submission of learned counsel appearing for the petitioners which is recorded at paragraph No.8 of the order. Hence, the order of the Writ Court does not require any interference at the hands of this Court.

11. Having heard the rival submissions, we have perused the entire appeal paper.

12. As we noticed, Paragraph No.8 of the order, reads as under: "8. Faced with the above situation, learned counsel for the petitioner on instructions, submit that the petitioner would exercise their Right to First Refusal and they would not participate in the auction." the Writ Court disposed of the Writ Petition and passed the order which we have already extracted above. We find no infirmity in the order passed by the Writ Court., which is - 18 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR passed based on the submission of learned counsel for the petitioners on instructions.

13. At this stage, learned Senior counsel submits that the time granted for exercising the Right may be extended for another 30 days and requests the Court in the event their failure to comply the above exercise as per direction of the order, the authorities may be directed to take action with due process of law.

14. We do not wish to interfere with the impugned order, except in direction (iii) where the Writ Court has granted 30 days time. We extend the time under direction (iii) to 60 days for evicting the petitioners with due process of law if they fail to exercise their Right of First Refusal as stated under direction (ii) of the operative portion of the impugned order.

15. With the above observations, the Writ Appeal is disposed of. - 19 - NC: 2026:KHC:20723-DB WA No. 1150 of 2026 HC-KAR

16. In view of disposal of the Writ Appeal, pending I.As if any, stand dispose of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 2 ct-vn